HAWKS LABORATORY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri M.P. Sharma, learned counsel for the petitioner. Also heard Shri B. Gogoi, learned Standing Counsel, Health and Family Welfare Department and Shri S. Das, learned counsel for the respondent no. 2.

(2.) The instant petition has been filed with the following prayer:

(3.) As per the facts projected, the petitioner which is a proprietorship firm had supplied certain ayurvedic medicines to the Health Department in the period 1993-94 to 1994-95. Such supply was made through the ASIDC as the petitioner was a Small Scale Industry. Owing to the aforesaid supply, there was a due of an amount of Rs.1,75,490.00 (Rupees One Lakh Seventy Five Thousand Four Hundred Ninety). Since the amount was not paid, the petitioner had approached the Facilitation Council as envisaged under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (herein after the Act). The said Council had passed an Award on 19/12/2006. The amount involved in the Award not being paid, the petitioner had approached this Court by filing WP(C)/907/2015 which was disposed of by this Court on 5/5/2015. As the order was not complied with, the petitioner had filed Cont. Cas (C) No. 161/2016. In the said case, this Court had passed an order dtd. 15/10/2020 whereby the parties were directed to settle the matter in a parley. In terms of the said order, Joint Meeting was held in presence of the petitioner on 17/10/2020 and 21/12/2020. In the meantime, an amount of Rs.42,07,465.00 (Forty Two Lakh Seven Thousand Four Hundred Sixty Five) was deposited in the Registry of this Court. In the meeting dtd. 21/12/2020, it was found that an amount of Rs.39,92,941.00 ( Rupees Thirty Nine Lakh Ninety Two Thousand Nine Hundred Forty One) was due. There was also a request recorded in the Minutes of Meeting that the petitioner would not claim further interest in near future.