Sahayog Surgical Depo Through Its Proprietor Jaysing Taterao Deshmukh And Others v. The State Of Maharashtra Through Secretary And Others
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 909 WRIT PETITION NO.6933 OF 2023 1.
Sahayog Surgical Depo Through its Proprietor, Jaysing Taterao Deshmukh, Age-36 years, Occu-Business, having its shop no.11, House No.899/1, Honaji Hills, Latur Road, Vishnupuri, Nanded - 431606.
2.
Mayaak Pharma, Through its Proprietor, Shivram Tukaram Lute, Age-52 years, Occu-Business, Having its shop no.1, Plot No.218, Gut No.72, Near Grampanchayat Office, Vishnupuri, Nanded, Tq. Nanded, District Nanded Nutan Trade Corporation Through its Proprietor, Naresh Ganpatlal Daliya, Age-50 years, Occu-Business, Having its shop at Shop No.6-26-113, Near Jain Mandir, Gurubabadi Road, Nizamabad, Tq. and Dist.Nizamabad -- PETITIONERS VERUS 1.
The State of Maharashtra, Through Secretary in the Department of Public Health, Mantralaya, Fort, Mumbai-32.
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The Director/Commissioner, Directorate of Medical Education and Research, Government Dental College and Hospital Building, St.George's Hospital Compound, Near V.T. Mumbai - 4000 001.
The Dean, Dr.Shankarrao Chavan Government Medical College and Hospital, Vishnupuri, Nanded - 431606 -- RESPONDENTS Mr.G.V.Mohekar h/f Mr.A.B.Shinde, Advocate for the Petitioners. Mr.D.R.Kale, Govt.Pleader a/w Mr.S.W.Munde, AGP for Respondent Nos. 1 to 3.
( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 11, 2023 ORAL JUDGMENT :
1.
Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2.
The Petitioners have put forth prayer clause B, C, D and E as under :- "B. By issuing a writ of mandamus, or any other appropriate writ or order of a like nature, the respondent No.3 Government Hospital may please be directed to release payment of petitioners as per Exhibit C
- 3 - outstanding bills, due towards supply of Covid-19 medicines and surgical equipment's, supplied from June 2020 to Sept.2020, within some stipulated period and as early as possible ; C.
By issuing appropriate directions, the respondents may please be directed to process the outstanding bills, due towards supply of Covid19 medicines and surgical equipments, supplied from June-2020 to Sept.2020 by petitioners to respondent No.3 Hospital and pay the outstanding amount as per Exhibit C towards it to the petitioners within some stipulated period and as early as possible ; D. The Respondent Nos. 2 and 3 may please be further directed to pay to the petitioners, interest @ 18% per annum on due amount of outstanding bills, to be calculated from the date on which it become due till the actual realization of the due amount. E. Pending hearing and final disposal of the writ petition, the respondent Nos. 2 and 3 may please be directed to deposit the amount admitted by them as per Exhibit C in the Registry of this Honourable Court, within some stipulated period;"
The Petitioners are before us praying for releasing of their admitted dues to the tune of Rs.94,71,971/-, 37,25,239/- and 84,23,000/- towards the bills for supply of the Covid-19 medicines as well as surgical equipment, during the Covid period. There is no dispute as regards the payments of these amounts It is also undisputed that these bills are towards the medicines and the surgical equipment
- 4 - that were supplied for combating the Covid-19 pandamic. The record before us clearly indicates that the Medical College and the Medical Authorities admit their liability towards the payment of these amounts. 4.
A communication dated 20.08.2022 addressed to the Commissioner, Medical Education indicates that the amount was to be cleared by making a financial provision in the Monsoon Session of the State Legislative Assembly in 2022. We are informed that the next Monsoon Session for 2023 is round the corner. Yet the bills have not been cleared.
5.
In identical set of facts, this Court had delivered a judgment on 04.04.2023 in WP No.2096/2022, at Aurangabad directing the Dean of the Government Medical College to release the amounts to the Petitioners within a period of 4 (four) weeks. In view of the above, we are constrained to pass a similar order directing Respondent No.1 to ensure that the amounts of Rs.94,71,971/-, 37,25,239/- and 84,23,000/-, are delivered to Respondent No.3 / Dean of the Medical College within 30 days from today. After such amounts are received, Respondent No.3 would clear the outstanding bills of the
- 5 - Petitioners and similarly situated other persons/entities, if any, within 15 days.
6.
The Writ Petition is accordingly allowed and Rule is made absolute in terms thereof.
( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)