Patna High CourtCWJC/6199/2017disposed

M/S Biovet Private Limited v. The State Of Bihar And ORS

2017-11-27Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6199 of 2017 =========================================================== M/s Biovet Private Limited, a Company registered under the Companies Act, having its registered office at No. 308, KIADB Industrial Area, 3rd Phase, Malur- 563 130, Kolar District, Karnataka through its Vice President Mr. B Balaji, S/o B. Chakrapani R/o Adarsh Nagar, Opp. Unique School, Malur Town, Kolar District- Karnataka.

.... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Bihar.

2. The Department of Animal and Fish Resources (Animal Husbandry), Government of Bihar, Vikas Bhavan, New Secretariat, Bailey Road, Patna through its Principal Secretary.

3. The Principal Secretary, The Department of Animal and Fish Resources (Animal Husbandry), Government of Bihar, Vikas Bhavan, New Secretariat, Bailey Road, Patna.

4. The Special Secretary, Animal Husbandry ,Government of Bihar, Vikas Bhavan, Bailey Road, New Secretariat, Patna.

5. The Director, Animal Husbandry, Government of Bihar, Vikas Bhavan, Bailey Road, New Secretariat, Patna.

6. The Director, Institute of Animal Health and Production at Patna, Bihar- 800 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Kumar Brijnandan, Advocate For the Respondents : Mr. S.C.Yadav-GP15 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-11-2017 Heard learned counsel for the petitioner and learned Counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that pursuant to purchase order the petitioner supplied 6 million doses of FMD Vaccine as per schedule, but an amount of Rs. 3,93,12,000/- is still outstanding against the supplies made.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Principal Secretary, Department of Animal and Fish Resources (Animal Husbandry), Government of Bihar, Vikas Bhawan, New Secretariat, Bailey Road, Patna (Respondent No. 3) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation.

Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any

opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.11.2017 Transmission Date N.A.