Patna High CourtCWJC/10458/2016disposed

Medimix Surgicals And Co. v. The State Of Bihar And ANR

2017-04-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10458 of 2016 =========================================================== Medimix Surgicals & Co. having its office situated at- Shahi Complex, Shop No.4, Hospital Road, P.O.- D.M. College, Laheriasarai, Town & District- Darbhanga846003, through its Proprietor, namely Abhay Kumar .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2. The Superintendent, Darbhanga Medical College and Hospital, Darbhanga, P.O.- D.M.C.H., P.S.- Laheriasarai, District- Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Jha, Adv. For the Respondent/s : Mr. Amit Bhushan, AC to. GP-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 07-04-2017 Heard learned counsel for the parties.

In the present case, the petitioner is seeking release of Rs. 2,19,798/- as a claim has been made that he has supplied the surgical and scientific instruments to the Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga.

A counter affidavit has been filed by the Superintendent of Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga wherein it has not been denied the supply of surgical and scientific instrument to the aforesaid hospital but, a specific statement has been made that the amount for payment has not been allotted which is the main ground of non-payment to the petitioner.

Patna High Court CWJC No.10458 of 2016 dt.07-04-2017 The matter is referred to the Principal Secretary, Department of Health, Government of Bihar who will examine the case of the petitioner and, after due verification, is directed to allot fund so that the payment should be made to the petitioner. For convenience, the petitioner is directed to file a proper application along with a copy of this order to the Principal Secretary, Department of Health, Government of Bihar, who will dispose of the same within a period of three months from the date of filing of the application by the petitioner.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.04.2017 Transmission Date NA