GUWAHATI, India, Sept. 15 -- Gauhati High Court issued the following order on Aug. 14:

1. Heard Mr. A. K. Bhuyan, learned counsel for the petitioners. Also heard Mr. Dipankar Nath, learned Senior Government Advocate, Assam, appearing on behalf of all the respondents.

2. The petitioner, herein, in the present proceeding, has raised a grievance with regard to the non-release of its outstanding contractual dues amounting to Rs. 63,09,596/-(Rupees Sixty Three Lakhs Nine Thousand Five Hundred and Ninety Six) only.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The Director of Tourism, Government of Assam, had in the year 2011, issued an Expression of Interest, for empanelment of advertising agencies for carrying-out TV campaign on behalf of the Tourism Department, through various television channels.

The petitioner had expressed its interest and had submitted its particulars in the prescribed format, with supporting documents on 31-01-2011. Thereafter, on a scrutiny being made, the petitioner was shortlisted for making a presentation before the selection committee and the date for such presentation was scheduled on 12-02-2011 in the office of the Director of Tourism, Assam. On conclusion of the selection process, a communication, dated 15-02-2011, came to be issued by the Director of Tourism, Assam, requiring the petitioner to submit its financial bid on or before 24-02-2011.

The financial bid now required to be submitted by the petitioner, herein, was to be so submitted by including, therein, national/international channels along with the regional channels for telecast of the programmes as prepared. The petitioner submitted its financial bid and the same being found to be suitable, a communication, dated 21-04-2011, came to be issued to the petitioner Firm empanelling it as an advertising agency under the Directorate of Tourism, Government of Assam.

The petitioner submitted its acceptance in the matter and thereafter, an agreement was executed on 06-09-2011, by and between the Government of Assam, represented by the Director of Tourism, Assam, and the petitioner, herein. In terms of the said agreement, the petitioner was to submit an ideal and cost-effective media plan covering the TV channels highlighted, therein, for a national campaign with a budget of Rs. 3,78,37,806/- for the first phase of the campaign spanning 4(four) months, ensuring maximum mileage of the campaign. The petitioner was required to execute the first phase of campaign spanning a period of 4(four) months. The manner of release of payment to the petitioner was also set-out in the said agreement. On conclusion of the campaign, the petitioner was required to submit the original copies of the bills received from the TV channels for release of its dues.

As projected in the writ petition, the petitioner, herein, in accordance with the plans, as approved in the matter, proceeded with the campaign and concluded the same. On successful completion of the campaign, the petitioner Firm submitted invoices amounting to Rs. 3,22,00,000/-(approx.) before the competent authority. The said amounts not being cleared, the petitioner had submitted a representation in the matter.

It is further projected in the writ petition that out of the total admitted outstanding amount due to the petitioner, he had received a total amount of Rs. 2,59,57,092/-(approx.), on 12-04-2012, and 09-09-2011, respectively. A balance of Rs. 63,09,596/-, however, remained unpaid to the petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU3cMeoSoNjS1IYjhFMqh73W3FVtIXcQXE3J2l7Fe3QQE&caseno=WP(C)/7324/2013&cCode=1&cino=GAHC010238852013&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.