M/S Grand Way Incorporation vs. State Of Punjab And Anr
Facts
The petitioner, M/s Grand Way Incorporation, filed a writ petition seeking a mandamus to direct the respondents to release the balance payment for 1,50,000 Covid Care Kits supplied during the second wave of Covid-19. The petitioner was initially offered a rate of Rs.1338.40 per kit, totaling Rs.20,07,60,000/-. However, the respondent unilaterally reduced the rate to Rs.883.50 plus GST per kit, retaining the difference without justification. The petitioner had previously filed a representation dated 09.09.2021 before respondent No.2, which remained undecided.
Held
The Court disposed of the writ petition by directing respondent No.2 to decide the petitioner's pending representation dated 09.09.2021 in accordance with the law. The decision was to be made preferably within one month from the receipt of a certified copy of the order. If the petitioner's entitlement was established, the difference in the amount was to be paid within one month thereafter. The Court did not delve into the merits of the rate reduction or the petitioner's entitlement, focusing solely on directing the resolution of the pending representation. The specific provisions of the GST Act or any other law related to the rate dispute were not discussed or decided upon.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the respondents to release the balance payment to the petitioner for the supply of Covid Care Kits, considering the unilateral reduction in the agreed rate. Petitioner's contention: The petitioner argued that the respondent unilaterally reduced the rate of the kits from Rs.1338.40 to Rs.883.50 plus GST per kit, retaining the difference without lawful justification. They further contended that their representation dated 09.09.2021, addressing this grievance, was pending and had not been decided by respondent No.2. Revenue/State's contention: The judgment does not record any specific arguments or contentions from the respondents. However, by accepting notice and not opposing the Court's proposed order, it can be inferred that they did not contest the procedural direction.
AI-generated summary — verify with the full judgment below
CWP-21780-2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21780-2021 Date of decision : 28.10.2021 M/s Grand Way Incorporation
... Petitioner Versus State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present : Mr. Aayush Gupta, Advocate for the petitioner. ***** RAJ MOHAN SINGH, J. (ORAL) Petitioner has preferred this petition for the issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the official respondents to release the balance payment in a specified period. Learned counsel for the petitioner submits that pursuant to the order of purchase placed before the petitioner for 1,50,000 Covid Care Kits during the peak of second wave of Covid-19, the petitioner supplied the same in a time bound manner. The rate of one kit was fixed as Rs.1338.40/-. The total purchase order was in DINESH KUMAR 2021.10.29 17:45 I attest to the accuracy and integrity of this document
CWP-21780-2021 2 a sum of Rs.20,07,60,000/-. Respondent No.2 unilaterally reduced the rate of kit thereby offering Rs.883.50 plus GST per kit. The difference of the amount has been retained witho
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