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2025 DAILYLAW 9258 (ALL)

M/S MEDISTAR PHARMACEUTICALS HAVING ITS PRINCIPAL PLACE OF BUSINESS 231, GROUND FLOOR, MOHALLA NAWA v. STATE OF U.P. AND 2 OTHERS

WRIC/1686/2025 · 2025-01-21

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10366-DB Court No. - 29 Case :- WRIT - C No. - 1686 of 2025 Petitioner :- M/S Medistar Pharmaceuticals Having Its Principal Place Of Business 231, Ground Floor, Mohalla Nawab Bilram Gate, Kasganj Through Its Proprietor Rizwana Zaheer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anees Baig,Anwar Hussain Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. The petitioner claims to have performed certain works by supplying of goods in accordance with general terms and conditions as available in the GeM portal. It is asserted that a sum of Rs.23,25,897/- is due and payable but such amount has not been disbursed to the petitioner without any justification. Learned State Counsel submits that such claim of the petitioner can be accorded consideration by Chief Medical Officer, respondent no.3. In the circumstances, we permit the petitioner to approach the respondent no.3 by furnishing all documents in support of his claim for release of the admitted contractual dues. The petitioner's claim would be accorded consideration in terms of contract by passing necessary orders within a period of three months from the date of presentation of a certified copy of this order before it. The amount which is found due and payable shall be released within further period of six weeks. The claim of the petitioner with regard to interest in terms of the applicable contract and statute shall also be accorded consideration within the same period. However, we may clarify that we have not adjudicated upon claim of the petitioner on merits and all issues relating to amount being due and payable is left open for examination at the level of the competent authority, at the first instance. Accordingly, the instant writ petition is disposed of. Order Date :- 21.1.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad