M/S Tiger Surgical Disposable Pvt. Ltd. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2998 of 2015 =========================================================== M/s Tiger Surgical Disposable Pvt. Ltd., through its Attorney cum Authorized person Ravi Shankar Prasad Gupta aged 42 years, son of Sri Mithilesh Prasad Gupta, Transport Nagar, Gate No. 2, Jakaria, near Krishna Niketan, P.S. Ram Krishna Nagar, Town and District Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Superintendent Darbhanga Medical College Hospital, Laheriasarai. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. L.N. Das, Advocate For the State : Mr. Md. Obaidullah, A.C. to S.C.4 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 27-02-2015 Heard learned counsel for the petitioner and the State. This writ application has been filed for a direction to the respondent no.2 for payment of the price of disposable syringes along with needles having been supplied by the petitioner against the order given by the respondent no.2 on the approved rate. It is contended that the respondent no.2 had placed orders vide Annexure-1 dated 13.05.2013 for supply of disposable syringes with needles of different volumes of total amount of Rs.8,40,000/-. The petitioner claims to have supplied the same immediately and after supply of disposable syringes along with needles he had submitted two bills dated 27.06.2013 and 22.08.2013 for an amount of Rs.6,08,001/- but for the reasons best known to the

Patna High Court CWJC No.2998 of 2015 dt.27-02-2015 2/2 respondent no.2 he has not been able to make any payment. Thereafter, the petitioner had sent a notice through his counsel also vide a registered post, a copy of which has been appended as Annexure-3.

It is contended that even then no step has been taken by the respondent no.2 for making payment against the bills submitted by the petitioner.

In such a situation, this writ application is being disposed of with a liberty to the petitioner to approach the respondent no.2 by filing a fresh representation along with a copy of this order and the copies of the annexures appended with this writ application for payment of the dues.

If such representation is filed then the Superintendent of Darbhanga Medical College and Hospital, Laheriasarai (respondent no.2), would be obliged to consider the same and make payment of admitted dues, if any, within a period of six weeks from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) N.H./- U