M/S Shishu vs. State Of Chhattisgarh

Facts

The petitioner, M/s Shishu, supplied goods including Green Boards, Air Coolers, and Dustbins to Swami Atmanand English Medium School, Bilaspur, pursuant to purchase orders issued by respondent Nos. 2 and 3. The total value of the supplied articles is Rs. 2,43,200/- plus GST. The petitioner raised bills for payment but has not received any payment to date. Despite making several oral requests and submitting representations (Annexure P/4) to respondent Nos. 2 and 3, the payment for the supplied goods remains outstanding. The petitioner contends that the goods were supplied to the satisfaction of the authorities and payment is due as per the rate contract, which stipulates immediate payment after supply.

Held

The Court considered the facts and circumstances, the grounds raised in the writ petition, and the petitioner's submission that the articles were supplied and payment was due within 20 days. The Court found it appropriate to dispose of the writ petition with a direction. The petitioner is to submit a fresh representation before respondent Nos. 2 and 3. Upon receipt of this representation, the concerned authority shall consider and decide it in accordance with law, expeditiously, preferably within 45 days from the date of receipt. Thereafter, the undisputed claim raised by the petitioner is to be disbursed. The Court did not explicitly address the claim for interest or the specific provisions of GST law, focusing instead on the procedural direction for resolution of the payment dispute.

Key Issues

1. Whether the petitioner is entitled to a writ of mandamus directing the respondents to place the complete record related to the petitioner's case for a just decision? 2. Whether the petitioner is entitled to a writ of mandamus directing respondents No. 2 & 3 to decide the representations and disburse the admissible amount of Rs. 2,43,200/- + GST, along with interest for any further delay? Petitioner's Arguments: The petitioner argued that they have duly supplied the articles as per the purchase orders and rate contract. They have submitted representations for payment of Rs. 2,43,200/- + GST, but no payment has been made. The petitioner is entitled to the amount along with interest as per the rate contract, which mandates payment immediately after supply. Revenue's Arguments: The counsel for the State submitted that the petitioner's claim for disbursement of the amount, if still pending, will be considered in accordance with law.