Gauhati High Court Assent Chemicals Ltd vs The State Of Assam And 3 Ors on 22 April, 2019 Page No.# 1/3 GAHC010082832019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 2552/2019 1:ASSENT CHEMICALS LTD. REP. BY SRI VIRENRA AGARWAL, AGE ABOUT 29 YEARS, ONE OF THE DIRECTOR OF THE PETITIONER, A PUBLIC LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 1C ROYAL SILVER TOWER, LACHIT NAGAR, GUWAHATI781007 VERSUS 1:THE STATE OF ASSAM AND 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPTT. DISPUR, GUWAHATI 781003 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEER DEPTT. GOVT. OF ASSAM HENGRABARI GUWAHATI781003 3:THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION BETKUCHI781032 GUWAHATI 4:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPTT. MORIGAON SUBDIVISION MORIGAO Advocate for the Petitioner : MS M HAZARIKA Advocate for the Respondent : SC, P H E Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN ORDER Date : 22042019 Heard Mr. D. Khan, learned counsel, appearing for the petitioner. Also heard Mr. R. R. Gogoi, learned Standing counsel, PHE Department, appearing for the respondents. The petitioner is a small scale industrial unit and duly registered under the Directorate of Industries as such. The petitioner unit is also registered under the Micro, Small and Medium Enterprises Development Act, 2006 (for short, "MSMED Act, 2006"). The petitioner had been supplying its manufactured items to the respondents and raised bills from time to time. The respondents had partially cleared the outstanding bills but a substantial amount is yet to be paid to the petitioner. Mr. Khan has submitted that for any default of the department in making payment for products supplied by the petitioner, Section 16 of the MSMED Act, 2006 required the department to pay compound interest with monthly rests to it from the date immediately following the date agreed upon at the rate of three times the bank rate notified by the Reserved Bank of India and so the department is liable to pay the total outstanding dues of various bills still to be cleared fully with penal interest under Section 16 of the MSMED Act, 2006. He has further submitted that the petitioner had submitted a representation dated 28.01.2019 addressed to the Chief Engineer, Public Health Engineering Department, Government of Assam, for payment of outstanding bills due to the petitioner along with interest accrued thereon as per the provisions of the MSMED Act, 2006. However, the said representation has not yet been disposed of. Mr. Gogoi submits that the writ petition can be disposed of by directing the respondents, particularly, the Chief Engineer, PHE, to look into the petitioner's representation and to pass appropriate orders as well as to make payment, if entitled to, by making necessary verification. Mr. Khan submits that this court may fix a time frame as may be considered appropriate for disposal of the petitioner's representation and for making payment. Mr. Gogoi has no objection. Having regard to the submissions made by the learned counsel for the parties, the writ petition is disposed of by directing the Chief Engineer, PHE, to consider the representation dated 28.01.2019 filed by the petitioner for making payment of outstanding dues with interest within a period of three Page No.# 3/3 months from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant