FORTUNA GREEN FIELD PVT. LTD. Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These appeals arise out of common judgment of the learned Single Judge dated 30.01.2017 passed in W.P(C) No. 117/2016 & W.P.(C) No. 626/2015. Issues being common, these appeals would be disposed of by this common judgment. For convenience we record facts from W.A No. 26/2017 which arises out of W.P(C) No. 626/2015. Appellant Fortuna Agro Plantations Ltd. was the original petitioner. The petitioner was awarded a contract for purchase of specified quantity of wood by the Forest Department of State of Tripura pursuant to a tender process in which the petitioner was a successful bidder. In the course of execution of the contract dispute arose between the parties. The petitioner had previously approached the court by filing writ petition and writ appeal. Instead of approaching appropriate forum for damages in terms of the judgment in writ appeal, the petitioner tried to amicably settle the disputes with the government. It appears that pursuant to such efforts, a meeting was held between the petitioner's representatives and the officials of the Forest Department, Government of Tripura on 11.04.2012, minutes of which were drawn which provided as under:

(2.) Delivery of rest timber:-

(3.) Rs.2,50,000 as deposited by the buyer as advance vide Demand Draft No. 46484 dated 10.01.2006 of Tripura Cooperative Bank shall be adjusted against the first delivery and thereafter all the materials shall be lifted after present measurement, joint signature on measurement list, payment of GP amount and after issuance of Transit Pass timber will be lifted.