← Library
High Court Of ChhattisgarhWPC/2895/2020disposed off

M/S Vishwa Decors v. State Of Chhattisgarh

2020-12-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2895 of 2020 • M/s Vishwa Decors Through Its Partner Rakesh Bafna Having Its Office At Ground Floor , Shop No. 01 Opposite Arihant Complex, Shailendra Nagar Ring Road 01, Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary Ministry Of Health And Services 2nd Floor, Mahanadi Bhawan Atal Nagar, Raipur , Chhattisgarh.,

2. The Director Directorate Of Health Services, 2nd Floor, Mahanadi Bhawan Atal Nagar , Raipur , Chhattisgarh.

3. Chhattisgarh State Indistrial Development Corporation Through Its Director , 1st Floor , Udyog Bhawan, Ring Road No. 01, Telibandha , Raipur , 492006 Chhattisgarh ---- Respondents For Petitioner :

Mr. Ankit Singhal, Advocate For State :

Mr. Amrito Das, Addl. A.G.

For Respondent No.3 :

Mr. Anumeh Shrivastava, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.12.2020

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner had supplied D.G. sets to the respondent No. 2 i.e. The Director, Directorate of Health Services. He would further submit that while the payment was released, 2 percent was deducted on the ground that a delayed supply was made which was not a condition either in the trade contract or subsequent terms of supply. It is submitted that the said deduction was made without giving any opportunity of hearing to the petitioner. The petitioner, however, had served a legal notice but in order to canvass his case he may be given a

liberty to make a representation before the respondent No. 2 i.e. The Director, Directorate of Health Services which may be directed to be decided so that an opportunity of hearing can be afforded.

3. Considering the limited prayer made, the petitioner is given a liberty to make a representation before the respondent No. 2 i.e. The Director, Directorate of Health Services within a period of three weeks and if such representation is made, that shall be decided within a further period of three weeks. It is made clear that this Court has not made any observation on the merit of this case.

4. With the aforesaid direction/ observation, the writ petition stands disposed off. SD/-/- sd/- Goutam Bhaduri Judge Vishakha