W.P.(C) Nos. 117 of 2016 and 626 of 2015. Case: Fortuna Green Fields Pvt. Ltd. Vs The State of Tripura and Ors.. Tripura High Court

Case NumberW.P.(C) Nos. 117 of 2016 and 626 of 2015
Party NameFortuna Green Fields Pvt. Ltd. Vs The State of Tripura and Ors.
CounselFor Appellant: G.S. Bhattacharji, Advocate and For Respondents: B. Datta, Advocate
JudgesS. Talapatra, J.
IssueCommercial Law
Judgement DateJanuary 30, 2017
CourtTripura High Court

Judgment:

S. Talapatra, J., (At Agartala)

  1. Heard Mr. G.S. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. B. Datta, learned counsel appearing for the respondents.

  2. Both these writ petitions, being W.P.(C) No. 117 of 2016 [M/S. Fortuna Green Fields Pvt. Ltd. vs. State of Tripura and Others] and W.P.(C) No. 626 of 2015 [M/S. Fortuna Green Fields Pvt. Ltd. vs. State of Tripura and Others] are clustered as the common question wades through for disposal by a common judgment and order.

  3. Mr. G.S. Bhattacharji, learned counsel appearing for the petitioner has submitted that in terms of the judgment dated 18.03.2011 delivered in W.P.(C) No. 459 of 2006, there was a negotiated settlement between the petitioner and the respondents and the minutes of the said settlement dated 11.04.2012 has been obtained by the petitioners. The said minutes are recorded under No. F.7(201)/For/FP-12/Part-1/BK/2207-212, Annexure-P/7 to the writ petition. The following is the texts of the said minutes:

    Minutes of the meeting held on 11-04-2012 under the Chairmanship of PCCF, Tripura in connection with the disposal of timber under Udaipur Forest Division related to tender dated 26-11-2004

    The following official attended the meeting on behalf of the Forest Deptt.,

    1. Dr. A.K. Gupta, Addl. PCCF

    2. Sri P.K. Das, CF(TC)

    3. Sri C.L. Das, Dist. F.O. South

    4. Sri B.K. Agarwal, on behalf of M/S. FAPL, Kailashahar

    The following point discussed in the meeting

    1. Delivery of timber against the deposited amount of Rs. 5.00 lakhs:

    As per work order issued in favour of M/S. Fortuna Agro Plantations Ltd., & M/S. Fortuna Green Fields Pvt. Ltd., vide letter No. 12, 649-58 & No. /12, 659-68 respectively, requested to deposited @ Rs. 2.50 lakhs each as advance. DFO, Udaipur vide letter No. 17, 940 dated 18/01/2006 confirmed that Rs. 2.50 + Rs. 2.50 lakhs = Rs. 5.00 lakhs has been deposited both the farm. It is decided that timber will be supplied from the existing old stock against the deposited amount subject to approval of the Govt.

    2. Delivery of rest timber:

    After deliberation it is decided that rest of the timber will be delivered from the present stock as per govt. approved rate and for taking outside the state export duty will be imposed as per offer by the both firms during the tender, subject to approval of the Govt.

    Sri B.K. Agarwal requested PCCF, Tripura to allow him two days time for acceptance of the same offer and Sri Agarwal will...

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