Bagree Enterprises v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC NO. 2215 OF 2020 Bagree Enterprises, through : the Partner, Mr. Gaurav Bagree, aged 28 years, S/o Mr. Giri Raj Bagree, Office at: City Kotwali, Chotapara, Raipur (CG) ... Petitioner(s) versus 1.

State of Chhattisgarh, through the Secretary, Department of Health & Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (CG) 2.

Chhattisgarh Medical Services Corporation Limited, through its Managing Director, North West Commercial Complex, Sector-27, Atal Nagar (CG) 3.

General Manager, Equipment, Chhattisgarh Medical Services Corporation Limited, North-West Commercial Complex, Sector-27, Atal Nagar (CG) 4.

Principle Secretary, Finance Department, State of Chhattisgarh, Director Chhattisgarh Medical Services Corporation Limited, North-West Commercial Complex, Sector-27, Atal Nagar (CG) 5.

DKS Post Graduate Institute & Research Centre, through its Medical Superintendent, DKS Bhawan, Shastri Chowk, Raipur (CG) ... Respondent(s) _______________________________________________________________ For Petitioner :

Mr. Sabyasachi Bhaduri, Advocate.

For Respondent-State :

Mr. Mateen Siddiqui, Dy. A.G.

For Respondent 2 & 3 :

Mr. Yogesh Pandey, Advocate, under instructions of Mr. Animesh Tiwari, Adv.

_______________________________________________________________ Hon'ble Mr. Justice P. Sam Koshy Order on Board 27.10.2020 1.

The present writ petition has been filed by the petitioner for an appropriate direction to the respondents for releasing of the balance of amount against the supply of the medical equipments made by the petitioner to respondent no.5 through respondents no. 2 & 3.

2.

Contention of the petitioner is that the supply was made in the year 2018 and of the total amount payable was Rs. 9,07,31,883/-. That the respondents from the said amount have released 50% of the amount i.e. Rs. 4,54,22,925/-. However, the balance of amount has till date has not been released in spite of the fact that there is no dispute whatsoever till now so far as quantity and quality of the supply made.

3.

Counsel appearing for respondents no.2 & 3 submits that partial payment of about 50% has been released by respondents no.2 & 3 on receiving the said amount from respondent no. 5 and balance of amount shall

also be released to the petitioner immediately on receipt of the said amount from respondent no.5.

4.

Given the fact that there is no dispute as of now as contended by the petitioner in respect of the quantity and quality of the supply made, moreover, about 50% of the amount having already been released by the respondents to the petitioner, this Court does not find any good reason why the respondent no.5 or, for that matter, the other respondents would hold back the balance of amount payable to the petitioner, unless the amount payable is disputed by the respondents.

5.

Given the facts and circumstances of th case, the present writ petition at this juncture is disposed of directing the respondent no.5 to ensure the payment of balance amount payable to the petitioner after due verification and scrutiny of the records and if no dispute is found so far as claim raised by the petitioner the same be processed and cleared at the earliest, preferably within a period of 90 days from the date of receipt of copy of this order. 6.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge