M/S.Nitish Industries v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.16346 of 2020 M/s.Nithish Industries, Rep by its Proprietor B.Nitish Harihar, No.96, Suramangalam Main Road, Salem - 638 009.
... Petitioner Vs.
1. Union of India, Rep by its Secretary, Department of Civil supplies Union territory of Puducherry, Puducherry - 605 001.
2. The Puducherry Agro products, Foods and Civil supplies Corporation limited, Rep. by its Managing Director, Agricultural Complex, Thattachavady, Puducherry - 605 009.
3. The Department of Civil Supplies, And Consumer Affairs, Puducherry, Rep by its Director, Thattanchavady, Puducherry - 605 009. ... Respondents in both WPs Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 2nd respondent to pay the sum of Rs.30,13,048.35 (Rupees Thirty Lakhs Thirteen Thousand and forty eight and paisa Thirty five only) as per the their communication dated 20.05.2019 addressed to the petitioner within the stipulated time fixed by this Court.
For Petitioner : Ms.S.Gomathilakshmi For Respondents: Mr.A.V.Ramalingam, AGP (Pdy) for R1 & R3 Mr.T.M.Naveen for R2
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to pay the admitted sum of Rs.30,13,048.35 (Rupees Thirty Lakhs Thirteen Thousand and forty eight and paisa Thirty five only), which is the sum payable by the second respondent to the petitioner towards the supplies made by them at the request of the second respondent.
2. The petitioner has filed before this Court the confirmation of balance issued by the second respondent on 20.05.2019 in favour of the petitioner admitting that a sum of Rs.30,13,048.35 (Rupees Thirty Lakhs Thirteen Thousand and forty eight and paisa Thirty five only) is due and payable to the petitioner towards the supplies effected by them to the second respondent. The details of supplies effected by the petitioner to the second respondent are as follows :- Sno.
Description Quality Rate BPT Steam Rice 39.92 Ponmani / Idly Rice 35.83 Mayuri Raw Rice 10000 30.80 White Ponni Raw Rice 48.60 White Ponni Boiled Rice 48.06 ADT-39 Boiled Rice 31.82 Chinna Ponni Boiled Rice 37.44 White Ponni Raw Idysal 29.98 Ponni Boiled Idisal 15000 27.88 IR 20 Raw Rice 30.85 Black Ellu (Sesame till) 102.86 White Ellu (Sesame till) 150.00 Jaggery (free from moisture) 49000 58.20 Wheat 33.35 Rava (Sooji - packed in 1 Kg) 100000 43.50
Maida (packed in 1 Kg) 100000 39.20 Dry Chilies (round) 386.05 Pepper 615.14 Jeeragam (cumin seed) 246.06 Sombu (Saunt) 99.70
3. Since the second respondent has admitted the liability to the petitioner, this writ petition is maintainable. An affidavit has also been filed by the second respondent before this Court dated 29.01.2021, wherein, they have expressed their financial difficulty to pay the admitted dues of the petitioner. According to them, the Excise Department, Government of Pondicherry is now taking steps to conduct E-Auction for subleasing of the licence of IMFL shops of the second respondent Corporation. According to them, due to Covid -19 pandemic, transfers made in the Excise Department (Deputy Commissioner - Excise) and on account of upcoming assembly elections etc., the Excise Department is not able to complete the process and it is trying to do so at the earliest possible.
According to them, as soon as the entire process of the E-Auction is completed and revenue is generated and once the financial condition of the second respondent improves, the second respondent has given an undertaking that they will be able to pay the dues and liabilities of its creditors including the dues payable to the petitioner in this writ petition.
4. The said affidavit filed by the second respondent before this Court is recorded. It is made clear that the petitioner's claim is an undisputed claim. The petitioner seeks for early payment of its dues. In similar set of facts in respect of another creditor, where also there was admission of liability on the part of the second respondent, a learned Single Judge of this Court by its order dated 20.01.2020 in WP No.23975 of 2019 passed the following order :- "5. In view of the above facts and circumstances, at this stage, the writ petition is disposed of, recording the undertaking of the respondents to settle of dues and liabilities payable to the petitioner herein on priority basis. The writ petitioner is at liberty to approach the appropriate Forum in case there is any breach of the undertaking".
5. The learned counsel for the petitioner on instructions would submit that the petitioner will be satisfied, if the same order is passed in this case also.
6. The learned counsel appearing for the second respondent has also not raised any serious objections for passing similar orders in this writ petition also.
7. Accordingly, this writ petition is disposed of by recording the undertaking of the second respondent to settle all its dues and liabilities payable to the petitioner amounting to Rs.30,13,048.35 (Rupees Thirty Lakhs Thirteen Thousand and forty eight and paisa Thirty five only) on priority basis. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2
1. Union of India, Rep by its Secretary, Department of Civil supplies Union territory of Puducherry, Puducherry - 605 001.
2.The Managing Director, The Puducherry Agro products, Foods and Civil supplies Corporation limited, Agricultural Complex, Thattachavady, Puducherry - 605 009.
3. The Director, The Department of Civil Supplies, And Consumer Affairs, Puducherry, Thattanchavady, Puducherry - 605 009.
+1 cc to M/s.M.RajaSekhar, Advocate Sr.No. 10495 W.P.No.16346 of 2020 SKY(CO) RMP(17/03/2021)