CWP-10595-202 IN TH Hindustan Well State of Haryan CORAM: HON Present: - Mr. for t Mr. Ms. for r *** JAGMOHAN B 1. The the Constitution outstanding liabil 2. Hary is a State Gov petitioner on 09.0 19. The petition and other Govern with Civil Surgeo The petitioner ra are not making p proof of the patie 2026 -1- N THE HIGH COURT OF PUNJAB AT CHANDIGAR CW Dat Wellness Private Ltd. Versus aryana & others HON’BLE MR. JUSTICE JAGM Mr. Rajesh Sheoran and Mr. Harde for the petitioner. Mr. Deepak Vashisth, DAG, Haryan Ms. Svaneel Jaswal, Advocate, for respondent No.3. *** AN BANSAL, J. (Oral) The petitioner through instant petit tution of India is seeking direction to r g liability of Rs.1,42,30,128/- alongwit Haryana Medical Services Corpora Government controlled Public Li on 09.02.2021 for RT-PCR testing ser etitioner received pre-collected sampl overnment agencies. It carried out re Surgeons as well as uploaded on web ner raised invoices for service rendere king payment on the ground that the e patients alongwith test reports. NJAB AND HARYANA GARH CWP-10595-2026 Date of Decision: 12.05.2026 …Petitioner …Respondents AGMOHAN BANSAL eep Singh Poonia, Advocates, aryana. t petition under Article 226/227 of on to respondents to release admitted ongwith interest. orporation Limited (HMSCL) which lic Limited Company empanelled services during pandemic Covid- samples from Civil Surgeon, Jhajjar out requisite tests and shared reports n web portal of ICMR with SRF ID. rendered by it, however, respondents at the petitioner has not uploaded ID 7 of itted hich elled - ajjar s ID. s d ID VIMAL KUMAR 2026.05.12 17:48 I attest to the accuracy and authenticity of this order/judgment. CWP-10595-202 3. Lear service as per di Surgeon as well a without ID proof render services, h lame excuses. 4. Per HMSCL submits ID proofs from petitioner did no is not released. 5. On b of Civil Surgeon learned State cou letters, however, alongwith test rep 6. Hea 7. From disputing that s samples were se patients was rais Commissioner, J Civil Surgeon, J payment would 2026 -2- Learned counsel for the petitioner su per directions of jurisdictional author well as Deputy Commissioner that pa proof. On the assurance of authoriti ices, however, respondents at this sta Per contra, learned counsel appe ubmits that as per agreement, the peti from the Civil Surgeon and upload did not comply with terms & conditio There may be few fraudulent in On being confronted with letters dat rgeon, Jhajjar, learned counsel for res ate counsel expressed their inability t wever, submitted that petitioner wa test reports. Heard the arguments and perused th From the perusal of record, it is ev that samples were collected in the ere sent by said authority to petition as raised at the level of Civil Surge , Jhajjar. In view of prevailing eon, Jhajjar as well as Deputy Comm ould be released without ID proof. oner submits that petitioner rendered authorities. It was assured by Civil that payment would be released even thorities, the petitioner continued to his stage are not making payment on appearing for respondent No.3- e petitioner was supposed to collect pload alongwith test reports. The nditions of the MoU, thus, payment nvoices. dated 06.05.2021 and 09.05.2021 for respondent No.3-HMSCL as well bility to doubt genuineness of those er was bound to submit ID proof ed the record. t is evident that respondents are not in the Civil Hospital, Jhajjar. The etitioner. Question of ID proof of Surgeon, Jhajjar as well as Deputy ailing emergent situation, office of Commissioner, Jhajjar assured that proof. They assured petitioner that ered Civil even to nt on - llect The ment 2021 well those proof e not The of of puty ce of that that VIMAL KUMAR 2026.05.12 17:48 I attest to the accuracy and authenticity of this order/judgment. CWP-10595-202 payment will no Number. The pe for the petitione collected in the h authority did not tests without ID p as well as Depu respondents are respondents coul collected by the p petitioner with C allegation of fra seems no reason The authorities a lapse. The peti infirmity, if any 8. In th considered opini liability withou directed to rele Respondent No.3 made clear that a payment is made liable to pay inte aforesaid period o 2026 -3- ill not be stopped on the basis o The petitioner did not collect samples titioner to collect ID proof from the n the hospitals managed by State Gove id not forward ID proof to petitioner ut ID proof. The petitioner on the ass Deputy Commissioner carried out tes are not disputing tests as well as rep could be justified for withholding y the petitioner or there being allegatio with Civil Surgeon and Deputy Comm of fraud, mis-statement, suppression eason to withhold petitioner’s paymen rities are trying to deflect from their re e petitioner cannot be denied paym f any, on the part of officials. In the wake of above discussion an opinion that respondents are duty b ut ID proof of patients. According o release admitted liability within t No.3 would be free to decipher fra r that as conceded by petitioner, it sha made within three months from toda ay interest at the rate of 7.5% per ann eriod of three months. asis of non-submission of Aadhar amples, thus, there was no occasion m the patients. The samples were Government. The sample collecting itioner rather compelled to carry out the assurance given by Civil Surgeon out tests and uploaded reports. The reports uploaded on portal. The olding payment had samples being tion of connivance on the part of Commissioner. In the absence of ession of facts or connivance, there ayment. It is rather case of betrayal. their responsibility despite their own payment on account of procedural ion and findings, this Court is of the duty bound to release the admitted cordingly, respondent No.3 is hereby within three months from today. fraudulent invoice, if any. It is , it shall not be entitled to interest if m today. Respondent No.3 shall be er annum from the date of expiry of dhar asion ere cting y out geon The The eing art of ce of there . own dural f the itted reby oday. It is est if ll be ry of VIMAL KUMAR 2026.05.12 17:48 I attest to the accuracy and authenticity of this order/judgment. CWP-10595-202 9. Al 12.05.2026 Vimal Wh Wh 2026 -4- lowed in above terms. Whether speaking/reasoned Ye Whether reportable Ye (JAGMOHAN BANSAL) JUDGE Yes/No Yes/No AL) VIMAL KUMAR 2026.05.12 17:48 I attest to the accuracy and authenticity of this order/judgment.