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2025 DAILYLAW 32993 (KAR)

M/S DELHI TRADING COMPANY v. STATE OF KARNATAKA

WP/25702/2024 · 2025-03-10

M Nagaprasanna

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9954 WP No. 25702 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25702 OF 2024 (GM-RES) BETWEEN: M/S. DELHI TRADING COMPANY NO. 16, OLD THARAGUPET, BENGALURU-560 053. REPRESENTED BY ITS PROPRIETOR SRI MOHSIN SHARIEFF, AGED ABOUT 39 YEARS, SON OF LATE M. ISMAIL SHARIEFF …PETITIONER (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY PRINCIPAL SECRETARY. 2. THE COMMISSIONER/DIRECTOR TENDER INVITING, SCRUTINY AND ACCEPTANCE AUTHORITY, DIRECTORATE OF AYUSH, GOVERNMENT OF KARNATAKA, DHANAVANTRI ROAD, BENGALURU-09. 3. THE DEPUTY DIRECTOR (PHARMACY ) GOVERNMENT CENTRAL PHARMACY, GOVERNMENT OF KARNATAKA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9954 WP No. 25702 of 2024 ASHOKA PILLAR, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AND 3 TO RELEASE AMOUNTS PAYABLE UNDER THE ADMITTED PENDING BILLS WITH INTEREST TO THE TUNE OF RS.32,44,947.00 CALCULATED UPTO 21/12/2023 TOGETHER WITH 18 PERCENT INTEREST CALCULATED FROM THE DATE THE DUES BECAME PAYABLE, IMMEDIATELY TO THE PETITIONER AS INDICATED IN THE DOCUMENT PRODUCED AND MARKED AS ANNX-M TO THIS WP WITHIN A LIMITED TIME FRAME, PREFERABLY WITH 1 MONTH AS THE MATTER IS EXTREMELY URGENT IN NATURE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "WHEREFORE, the petitioner above named respectfully prays that this honourable court may be pleased to: [a] Issue a writ of mandamus or directions of like nature directing the respondents 2 and 3 to release amounts payable under the admitted pending bills with Interest to the tune of Rs.32,44,947-00 calculated upto 21.12.2023 together with 18% interest calculated from the date the dues became payable, immediately to the petitioner as indicated in the document produced and marked as ANNEXURE 'M' to this writ petition within a limited - 3 - NC: 2025:KHC:9954 WP No. 25702 of 2024 time frame, preferably with 1 month as the matter is extremely urgent in nature. [b] Issue a writ of mandamus or directions of like nature directing the respondents 2 and 3 to release the interest payable on the security deposit amounts to the tune of Rs.7,96,426-00 calculated from the date the security deposits became payable till 21.12.2023 to the petitioner till the date of refund as indicated in the document produced and marked ANNEXURE 'M' to this writ petition within a limited time frame, preferably with 1 month as the matter is extremely urgent in nature. [c] Grant such other orders or reliefs as this honourable court deems fit to grant in the facts and circumstances involved in the case." 2. The petitioner on and from 15.06.2016 pursuant to a work order so issued had supplied raw drugs to Department of Ayush Government of Karnataka. After the said supply has been roaming pillar to post to get the amount that is entitled from the hands of the respondents. The respondents did not accede to the request of the petitioner. Therefore, the petitioner had to approach this Court in W.P.No.27112/2019. A Co-ordinate Bench of this Court on 18.07.2019 in the aforesaid petition directed consideration of the representation. The representation of the petitioner met its partial consideration and certain amount was released. The petitioner claims that large chunk of the amount is yet to be paid to the petitioner - 4 - NC: 2025:KHC:9954 WP No. 25702 of 2024 and therefore, continues his battle of getting those amounts from the hands of the respondents. 3. The learned HCGP on instructions would submit that if reasonable time is granted, the representation of the petitioner would be met and the grievance of the petitioner would be redressed. 4. In that light, I deem it appropriate to dispose the petition with a direction to the respondents to redress the grievance of the petitioner and not drive him back to the Court yet again on the same cause of action. The representation of the petitioner shall meet its consideration within eight weeks from the date of receipt of a copy of this order, if not earlier. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE DS CT: TSM List No.: 1 Sl No.: 29