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A. ABHISHEK REDDY
Garg Drugs a Proprietorship firm, through its Sole Proprietor Santosh Kumar Agrawal, son of Late Mahavir Prasad Jee Agarwal – Appellant
Versus
State of Bihar, through the Principal Secretary, Department of Health, Government of Bihar – Respondent
JUDGMENT :
(A. Abhishek Reddy, J.)
Heard the learned counsel for the parties.
The present writ petition has been filed for the following reliefs:-
ii) Consequent to grant of relief no. (i), to issue an appropriate writ order or direction in the nature of mandamus commanding the Respondents to make payment of Rs. 58,56,670/- in lieu of medicines and medical equipment supplied by the petitioner, along with interest at the rate of 8% per annum.
iii) This Hon'ble Court may adjudicate and hold that the action of the Respondents in not making payment for the medicines and medica
A supplier is entitled to payment for goods supplied under a valid work order, regardless of procedural lapses by the issuing authority.
The court upheld the respondent's right to withhold payments due to the petitioner's failure to fulfill supply obligations, emphasizing that contractual disputes should be resolved through appropriat....
The court ruled that without proof of compliance with the supply order's conditions, the Petitioner's claims for payment could not be upheld, allowing for resolution in civil court.
Judicial review under Article 226 is not appropriate for resolving contractual disputes, which should be addressed in civil courts.
The impugned order violated principles of natural justice and tender conditions, leading to its setting aside by the court.
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