1 2025:CGHC:60540-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 59 of 2021 Labindia Healthcare Pvt. Ltd. A Company Duly Incorporated Under The Relevant Provisions Of The Companies Act, 1956 Through Its Director Mr. Virendra Upadhye S/o Sitaram Upadhye, Aged About 63 Years, Having Its Office At 372, Udyog Vihar Phase- Ii, Gurgaon - 122016 Haryana., District : Gurgaon, Haryana ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Health And Family Welfare And Medical Education Mahanadi Bhawan Raipur, District : Raipur, Chhattisgarh 2 - Chhattisgarh Medical Services Corporation Ltd. Through Its Managing Director, 3rd Floor, Govind Sarang Vyavsayik Parisar, New Rajendra Nagar, Raipur - 492001, District : Raipur, Chhattisgarh 3 - Dr. Bhimrao Ambedkar Memorial Hospital Raipur Through Its Jt. Director Cum Medical Superitendent, Jail Road Raipur., District : Raipur, Chhattisgarh 4 - Pt. Jawahar Lal Nehru Memorial Medical College Through Its Dean, Jail Road, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Vivek Chopda, Advocate. For Respondent/State : Mr. Praveen Das, Dy. G.A. For Respondent No.2 : Mr. Trivikram Nayak, Advocate. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.12.13 11:10:11 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 12.12.2025 1. By the present petition, the petitioner has prayed for following reliefs:- “10.1 A writ/ an order do issued in the nature of Writ of Mandamus directing the Respondent state authorities to forthwith allow the Petitioner to operate the said facility in accordance with the terms and conditions mentioned in the agreement. 10.2 A writ/ an order do issued in the nature of Writ of Mandamus directing the Respondent state authorities to forthwith release the payment demanded by the petitioner in respect of maintenance and other charges borne by the Petitioner in respect of the said facilities as per the terms and conditions of the agreement within such time frame as this Hon'ble Court may deem fit as per the facts and circumstances of this case. 10.3 A writ/ an order do issued in the nature of Writ of Mandamus directing the Respondent state authorities to initiate department enquiry against 3 officials/delinquents directly responsible for the inactions as stated herein above and further direction be issued to recover the amount of loss from such delinquents along with interest. 10.4 That the Hon'ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.5 Cost of the petition.” 2. After arguing for sometime, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to avail appropriate remedy provided under arbitration clause. 3. On due consideration, permission is granted, as prayed for. 4. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep