SIOTIA STEELS LIMITED Vs. NBCC (INDIA) LIMITED

JUDGEMENT

(1.) Heard Mr. S.P. Roy, learned counsel for the appellant. Also heard Mr. A. Thakur, learned counsel appearing for the respondent No.1; Mr. N. Kalita, learned counsel appearing on behalf of Mr. A. Kalita, learned standing counsel, Industries and Commerce Department for respondent Nos.2 and 3 and Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for respondent No.4.

(2.) This writ appeal is filed by the appellant assailing the judgment and order dtd. 3/12/2018 passed by the learned Single Judge in WP(C) No.3959/2018, whereby the learned Single Judge, while allowing the writ petition filed on behalf of the respondent NBCC (India) Limited, has set aside the minutes of the meeting dtd. 12/3/2018 of the Micro and Small Enterprises Facilitation Council (hereinafter to be referred as 'Council').

(3.) The brief facts of the case are that the Chief Project Manager of the respondent NBCC (India) Limited had invited sealed quotations from manufacturers/suppliers for supply of steel and cement vide Notice Inviting Tender (NIT) dtd. 29/1/1993. Pursuant to the said NIT, the appellant had submitted its quotation and the said quotation of the appellant was accepted. The NBCC (India) Limited had placed supply orders to the appellant for supply of steel at different worksites on various dates running from 16/2/1993 to 31/3/1993. As per the appellant, the steel was supplied by it to the NBCC (India) Limited, however, it had failed to make payment to the appellant despite repeated communications sent to it.