ANGPU KHALING Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is the sole Proprietor of the firm M/s Angpu Khaling Agencies carrying on business in Imphal, Manipur. Respondent No. 2, Chief Engineer (Urban) P.H.E.D. issued the letter dated 8.2.96 requesting the petitioner for supply of the materials contained in the said letter at Annexure-A/1 inter alia on the terms and conditions that the supply should be completed within 60(sixty) days from the date of issue of the order and in the event of failure to execute full supply of the materials within the Specified period the* supply order will stand cancelled. Payment shall be made after full detivery of the materials and no running account bill will be entertained.

(2.) As the Manufacturer of Calcutta could not deliver the ordered materials during the stipulated period, the petitioner submitted a letter to the respondent No. 2 requesting for extension of time upto 14.5.96 without levy of any penalties and time was extended on behalf of the respondent No. 2 by the Surveyor of Works of the said Department on 13.5.96(Annexure-A/2).

(3.) It is alleged that inspite of supply of the ordered materials to the respondent No. 3 as per the terms and conditions of the supply order (Annexure-A/1) within the stipulated time, and submission of bill for payment amounting to Rs 1.95,500/-(Rupees one lakh ninety five thousand and five hundred only), the respondents have failed to make payment of the same. In this connection the petitioner has submitted through the Asstt. Engineer, Water Supply Store(Urban) Division-I, PHED and the said Asstt. Engineer duly verified the bill and the materials supplied by the petitioner (two copies of the bills and the forwarding letter of the Asstt. Engineer dated 20.5.96 marked as Annexure-A/3, A/4 respectively).