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Bombay High CourtWP/8398/2023disposed off

R R Enterprises Through Its Priprietor Satish Ramchandra Zanwar v. The State Of Maharashtra Through Its Secretary And Others

2023-07-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade3 pages

69-WP-8398-2023-judgment.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8398 OF 2023 R. R. Enterprises, Through its Proprietor Satish s/o Ramchandra Zanwar Age: 47 years, Occ. Business, R/o Matruchaya Housing Society, Opp. Datta Temple, Ambejogai, Tq. Ambajogai, Dist. Beed ... Petitioner

Versus

1.

The State of Maharashtra Through its Secretary, Health Department, Mantralaya, Mumbai 2.

The Director of Health, Latur Division, Latur 3.

The Dean, Dr. Shankarrao Chavan Government Medical College and Hospital, Nanded - 431602 ... Respondents ....

Mr. S. S. Gangakhedkar, Advocate for Petitioner Mr. S. B. Yawalkar, AGP for Respondents - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:18.07.2023

(( 2 )) 69-WP-8398-2023-judgment ORAL JUDGMENT :- 1.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2.

The Petitioner has put forth prayer clause (B), as under:- "(B) By an order of this Hon'

ble Court, the respondents may kindly be directed to disburse payment of the unpaid amount as per the invoices (Exhibit-C Collectively)."

3.

The Petitioner is before us, praying for releasing of its admitted dues to the tune of Rs.1,02,86,864/- 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 payment of this amount. It is also undisputed that the bills are towards the medicines and the surgical equipment that were supplied for combating the Covid-19 pandemic. The record before us clearly indicates that the Medical College and the Medical Authorities admit their liability towards the payment of this amount. 4.

In identical set of facts, this Court had delivered a judgment on 04.04.2023 in Writ Petition No.2096 of 2022, at

(( 3 )) 69-WP-8398-2023-judgment Aurangabad, directing the Dean of the Government Medical College to release the amounts to the Petitioners within a period of four (4) weeks.

5.

In view of the above, we are constrained to pass a similar order directing Respondent No.1 to ensure that the amount of Rs.1,02,86,864/- is delivered to Respondent No.3 - Dean of the Medical College, within 30 days from today. After such amount is received, Respondent No.3 would clear the outstanding bills of the Petitioner and similarly situated other persons/entities, if any, within 15 days.

6.

The Writ Petition is accordingly allowed and Rule is made absolute in the above terms.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS