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2023 Supreme(Pat) 1426

IN THE HIGH COURT OF JUDICATURE AT PATNA
A. ABHISHEK REDDY, J.
CWJC No.13625 of 2016
(15.12.2023)
Venus Mediscience Pvt. Ltd. ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: Mr.Satyendra Rai.
For the Respondents: Mr. Suryadeo Yadav, Aag-9.

Headnote:

Government Contract – Payment – Supply of medicines – Once it is established that petitioner has supplied medicines under various invoices and same were consumed by respondents, payment for medicines cannot be denied – Petitioner cannot be blamed for lapses committed by authorities – Amounts which were withdrawn by Civil surgeon are lying in account of bank and they have not been misappropriated or embezzled in any manner – Stand taken by authorities for denying payment to petitioner is legally not tenable – Authorities directed to make payment – Petition allowed in part. (Paras 9 and 10)

A. Abhishek Reddy, J.—Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s);—

“(a) For quashing the order dated contained in memo no. 238(12) dated 05.03.2016 issued by the respondent no. 4 whereby the claim of the petitioner company contained in the representation dated 13.07.2015 submitted in pursuant to the order dated 29.06.2015 passed by this Hon’ble Court in CWJC No. 7879/2015 has been rejected.

(b) For a direction to the respondent nos. 6 & 7 to make the payments in regard to the supply of the medicines made in execution of purchase orders contained in letter no. 504 dated 02.03.2015, letter no. 505, dated 02.03.2015, letter no. 506 dated 02.03.2015, letter no. 507 dated 02.03.2015, letter no. 511 dated 02.03.2015, letter no. 594, dated 16.03.2015 as well as another purchase order contained in letter no. 153 dated 03.03.2015 issued by the respondent no. 6.

(c) For a direction to the respondent no. 6 to ensure receiving of supply of remaining part of medicines made by the petitioner in pursuant to the purchase order issued by the respondent no. 6 contained in letter no. 504, dated 02.03.2015, letter no. 505, dated 02.03.2015, letter no. 506 dated 02.03.2015, letter no. 507 dated 02.03.201, letter no. 511 dated 02.03.2015, letter no. 594, dated 16.03.2015.”

3. Learned counsel for the petitioner has stated that the petitioner company is engaged in the distribution, sale and supply of medicines and surgical items. That on the requisition made by the Respondent No. 6, the petitioner company had supplied various medicines to the Respondent No. 6 at the rate quoted in the purchase orders and on the said terms and conditions envisaged therein. That the Respondent No. 7 has also placed orders for supply of medicines and the petitioner has supplied as per the terms and conditions of the purchase order and the petitioner has supplied medicines under different invoices between 11.03.2015 and 19.03.2015. That in the above period, the petitioner had supplied medicines worth Rs. 59,75,046/- to the Respondent No. 6 under the invoices which were dated between 16.03.2015 and 20.03.2015, and the petitioner had supplied medicines worth Rs. 23,05,170/- to the Respondent No. 7. That a major portion of the medicines which were directed to be supplied have been delivered to the Respondent Nos. 6 and 7 and it was informed vide letter dated 16.03.2015 that the balance medicines will be supplied positively by 30.03.2015. That on 29.03.2015 the petitioner tried to supply the balance medicines to the Respondent No. 6 however the same were not received by the store keeper and returned back. Thereafter, the petitioner has been making several representations to the various authorities and has also approached this Hon’ble Court seeking a direction to the authorities concerned to receive the balance medicines and also for making the necessary payments for the medicines already supplied. Learned counsel for the petitioner has stated that the medicines which have been supplied to the Respondent No. 6 and 7 are specially marked with the monogram ‘Bihar Government Supply’ and ‘Not For Sale’ and the said medicines cannot be supplied to any other individual or sold outside. That in spite of making several representations, the amounts due to the petitioner have not paid and neither the balance medicines which were sought to be delivered would be handed over to the authorities concerned. That the petitioner has approached this Hon’ble Court by way of C.W.J.C. No. 7879 of 2015 for release of the payment and also for acceptance of the remaining part of the medicines. The said writ petition was disposed of on 29.06.2015 with the liberty to the petitioner to approach the Respondent No. 3 (The Director-in-chief, Department of Health, Goverment of Bihar) by way of Representation. That the petitioner pursuant to the said order has made a representation dated 13.07.2015 to the Respondent No. 3 herein. As there was no res

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