M/S.Nethaji Pharmacy vs. The Secretary TO Government
Facts
The petitioner, M/s. Nethaji Pharmacy, a manufacturer of Siddha and Ayurveda medicines, filed a writ petition seeking a Mandamus to direct the respondents to disburse the bill amount for the supply of medicines. The petitioner claims to have paid Rs. 25,00,000/- towards GST alone. The second respondent, TAMPCOL, had issued a tender, and the petitioner was the successful bidder, fulfilling all tender obligations. Despite this, the petitioner's bills remained unsettled, leading to the filing of the writ petition. The orders of the second respondent under challenge are dated 28.02.2023, 13.04.2023, 16.05.2023, and 17.05.2023.
Held
The Court held that when a respondent has issued a tender, the petitioner has emerged as the successful tenderer, and all tender obligations have been fulfilled, there is no justification for delaying the payment of bills. The Court found no reason to withhold the payment due to the petitioner. Consequently, the Court directed the second respondent, TAMPCOL, to settle the petitioner's bill amount within a period of four weeks from the date of the order. The Court allowed the writ petition, granting the relief sought by the petitioner.
Key Issues
1. Whether the Court should issue a Writ of Mandamus directing the respondents to disburse the bill amount to the petitioner for the supply of medicines, considering the petitioner has fulfilled tender obligations and paid GST. Petitioner's Argument: The petitioner contended that having been a successful tenderer and having complied with all tender obligations, including payment of GST amounting to Rs. 25,00,000/-, there is no justification for the delay in settling the bills. The petitioner sought a direction for immediate disbursement of the outstanding amount. Revenue/State's Argument: The judgment records no specific arguments from the respondents regarding the delay in payment or the petitioner's claim. The respondents were represented, but their contentions, if any, are not detailed in the provided text.
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Cause title — parties, addresses and appearances
Heard both sides. 2.The writ petitioner had supplied pharmaceutical items to the second respondent. The petitioner claims that he paid a sum of Rs.25,00,
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