M/S Vikas Medical Devices v. The State of Assam and 3 Ors

ORDER

11.08.2023 The instant writ petition has been filed seeking a direction from this Court to the Respondent Authorities and more particularly the Mission Director, National Health Mission, Assam to release the admitted bill amount of Rs. 9,01,600/- with the interest at the rate on which loan is given by the Schedule Bank.

¶2It reveals from a perusal of the writ petition, that a Notice Inviting Tender was issued on 23.12.2013 by the Mission Director, National Health Mission, Assam which was followed by a Corrigendum dated 19.02.2014. The Petitioner duly participated in the said tender process and was awarded the contract for supply and installation of hospital equipment/instrument for Mother and Child Health Hospital at Page No.# 3/5 Assam Medical College and Hospital, Dibrugarh amounting to Rs. 8,05,000/- excluding the GST. The Petitioner duly supplied the said machine on 22.08.2018 and installed the same in good condition on 15.09.2018. This aspect was duly acknowledged by the Respondent Authorities. The total payment to which the Petitioner was entitled to was Rs. 9,01,600/- i.e. Rs. 8,05,000/- for the price of the machine + Rs. 96,600/- (GST). The Petitioner duly submitted the bill, but have not been paid the amount as per its entitlement for which the instant writ petition was filed.

¶3This Court had issued notice on 20.04.2022 making it returnable by 4 weeks. It was also observed by this Court while issuing notice, that pendency of the writ petition shall not be a bar for the Respondents in the Health and Family Welfare Department as well as the National Health Mission, Assam to release the amounts payable to the Petitioner as per its entitlement and in accordance with law following the due procedure.

¶4Today when the matter was listed, Smt. Arundhati Bora, the learned Standing Counsel for the National Health Mission has produced an instructions issued by the Mission Director, National Health Mission, Assam. In the said instructions, it was mentioned that the procurement of the said item i.e. the ventilators were done upon the request of the Director of Medical Education Assam and the funds required for the procurement was required to be transferred to the Page No.# 4/5 National Health Mission in due course. The National Health Mission, Assam had also issued a Communication dated 15.03.2019 for release of the said amount as claimed by the Petitioner. However, the Government at the Health and Family Welfare Department have not released the funds to the National Health Mission, Assam account for which the amount could not be paid. It has been further mentioned that due to non provision of fund by the Director of Medical Education or the National Health Mission under the State budget, the payment to all vendors including the Petitioner could not be released. The said instructions so submitted by Smt. Arundhati Bora, the learned counsel for the National Health Mission, Assam is kept on record and marked with the letter "X".

¶5This Court have duly heard the learned counsels for the parties including the counsel appearing on behalf of the Health and Family Welfare Department of the Government of Assam.

¶6The fact that the Petitioner was issued the work order and in pursuance to that the Petitioner had supplied the equipments and installed the same is not in dispute. The Respondents being the State cannot deny the legitimate entitlement of the Petitioner of the amount of Rs. 9,01,600/- to which the Petitioner is legally entitled, on the ground of funds being not allotted or available. Such actions of not making payments even after receiving the equipments and upon installation putting into use renders such actions arbitrary and Page No.# 5/5 unreasonable.

¶7Under such circumstances, this Court directs the Respondents to sort out the matter amongst themselves and make budgetary provisions for the payment of the amount of Rs. 9,01,600/- to the Petitioner. The said exercise be completed within 3(three) months from the date a certified copy of the instant order is served upon the Respondent Nos. 2 & 3.

¶8With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010137862021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4550/2021o M/SoVIKASoMEDICALoDEVICESo AoREGISTEREDoPARTNERSHIPoFIRMoHAVINGoITSoPRINCIPALoPLACEoOFo BUSINESSoAToNO.o29,oDR.oRAJENDRAoROAD,oSIDDHARTHo1SToFLOOR,oPSo BHOWANIPORE,oKOLKATTA,o700020,oWESToBENGALo REPRESENTEDoBYoITSoPOWERoOFoATTORNEYoHOLDERoSRIoSAJUoBARUAH, AGEDoABOUTo44oYEARS.oSONoOFoLATEoA.KoBARUAH,oSENIORoBUSINESSo HEAD,oSALESoANDoMARKETING,oM/SoVIKASoMEDICALoDEVICES,o RESIDENToOFoNATUNoSARANIA,oBYEoLANEo5,oHOUSEoNO.o15,o SILPUKHURI,oGUWAHATIo03oKAMRUPoMoASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oDISPUR,o GUWAHATIo06 2:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM oKHANAPARA oGUWAHATIo22 oKAMRUPoMoASSAM 3:THEoMISSIONoDIRECTOR oNATIONALoHEALTHoMISSION oASSAM oSAIKIAoCOMMERCIALoCOMPLEX SRINAGARoPATH oCHRISTIANoBASTI oGSoROAD oGUWAHATIo781005 Page No.# 2/5 KAMRUP M ASSAM 4:THE PRINCIPAL CUM CHIEF SUPERINTENDENT ASSAM MEDICAL COLLEGE AND HOSPITAL DIBRUGARH ASSAM 78600 For the Petitioner : Mr. B. Sarma, Advocate. For the Respondents : Ms. A. Bora,SC, NHM. Mr. D. Upamanya, SC, Health. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH