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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE M. A. CHOWDHARY, J
Halcyon Pharmaceuticals Ltd. Through Dr. R.S.Lamba S/O Ishwar Singh Lamba – Appellant
Versus
Union Territory of J&K through Secretary to Govt., Health & Medical Education Department – Respondent
JUDGMENT :
1. Petitioner had initially filed OWP No. 584/2008, whose record got damaged due to devastating floods of September 2014 and its file had not been located/traced out as maximum record of the High Court was submerged in the flood waters due to unprecedented floods in the year 2014 and this Court while allowing Restoration Application (CM No.2337/2021) vide order dated 10.11.2021 had permitted the applicant to file fresh writ petition on the basis of cause of action which was the basis of filing OWP No.584/2008, with further observation that it shall not be available to the respondents to assail the maintainability of the writ petition on delay and laches from the year 2008 till filing of fresh petition. This is how the instant writ petition WP(C) No.2597/2021 came to be filed on the same facts and circumstances.
2. The petitioner, claiming to be the registered supplier of the J&K Health & Medical Education Department, supplying allopathic drugs and I.V. Fluids to the respondent-department for the last two decades asserted that the petitioner-company, was issued supply orders, pursuant to which various allopathic drugs and I.V. fluids including Injection Ampicilline 500/250m
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....
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