Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53087 WP No. 25432 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25432 OF 2024 (GM-RES) BETWEEN:
M/S. MADANI DAWAKHANA, HAVING ITS REGISTERED OFFICE AT NO. 71, GROUND FLOOR, NEW MARKET ROAD, OPP. CHARMINAR, MASJID, SHIVAJINAGAR, BENGALURU - 560 001.
REPRESENTED BY ITS PROPRIETOR/ PROPRIETARY CONCERN, SRI. MOHAMMED YUSUFF SHARIFF, AGED ABOUT 60 YEARS, SON OF LATE M.A. MAJEED. …PETITIONER (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, (AYUSH) VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
REPRESENTED BY PRINCIPAL SECRETARY.
2.
THE COMMISSIONER (EARLIER DIRECTOR) TENDRE INVITING AUTHORITY, DIRECTORATE OF AYUSH, GOVERNMENT OF KARNATAKA, DHANAVANTRI ROAD, BENGALURU - 09.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53087 WP No. 25432 of 2024
3.
THE DEPUTY DIRECTOR (PHARMACY) GOVERNMENT CENTRAL PHARMACY, GOVERNMENT OF KARNATAKA, ASHOKA PILLAR, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE R2 AND 3 TO RELEASE AMOUNTS PAYABLE UNDER THE ADMITTED PENDING BILLS WITH INTEREST TO THE TUNE OF RS. 96,70,161-00 CALCULATED UPTO 26/09/2023 TOGETHER WITH 18 PERCENT INTEREST CALCULATED FROM 26/09/2023 TILL THE DUES ARE ACTUALLY PAID, IMMEDIATELY TO THE PETITIONER AS INDICATED IN THE DOCUMENT PRODUCED AND MARKED AS ANNX-Q 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 SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.
2. The petitioner is before this Court seeking for the following reliefs:
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HC-KAR NC: 2025:KHC:53087 WP No. 25432 of 2024
(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.96,70,161-00 calculated upto 26.09.2023 together with 18% interest calculated from 26.09.2023 till the dues are actually paid, immediately to the petitioner as indicated in the document produced and marked as ANNEXURE 'Q' to this writ petition within a limited 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.15,22,695-00 calculated till 21.12.2023 and further interest at 18% per annum from 21.12.2023 till the same is actually paid as indicated in the document produced and marked ANNEXURE 'Q' 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.
3. The petitioner contends that the petitioner has supplied the drugs as requested in terms of the E-Tender issued on 02.11.2015 and raised his invoices, which have not been considered and payments made. In that background the petitioner has submitted a representation on 21.12.2023 in terms of Annexure-Q, which has also not been considered. It is in that background, the petitioner is before this Court.
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HC-KAR NC: 2025:KHC:53087 WP No. 25432 of 2024
4. Whenever any invoices are submitted, it is required for the tender acceptance authority and/or the employer to make payment of the due amounts thereon in terms of the work order/contract entered into. In the present matter, the bills not having been processed, a representation was submitted on 21.12.2023, which has also not been considered.
5. In that view of the matter, I pass the following:
ORDER i) Writ petition is allowed. ii) The respondents are directed to consider the representation of the petitioner dated 21.12.2023 at Annexure-Q and pass necessary orders within a period of 30 days from the date of receipt of a copy of this order. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner.
Sd/- (SURAJ GOVINDARAJ) JUDGE GJM/List No.: 1 Sl No.: 1