LAWS(PAT)-2011-11-47

PRUSHOTTAM PHARMACEUTICALS Vs. STATE OF BIHAR

Decided On November 18, 2011
Prushottam Pharmaceuticals Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This writ petition has been filed on behalf of the petitioner for payment of price of medicines along with penal interest and cost as the same were supplied by the petitioner to the District Jail, Giridih and Central Jail, Hazaribagh, both within the State of Jharkhand, as far back as in the years 1994, 1996 and 1997. Mr. Lakmi Narayan Das, learned counsel for the petitioner submitted that the petitioner was an authorized Stockist of M/s Rajasthan Drugs and Pharmaceuticals Limited, Jaipur, which was a Government of India Enterprise and the medicines required for the Jails in question were to be supplied by the said firm.

(2.) Accordingly, vide order no. 1206 dated 7.6.1994, the Superintendent, Central Jail, Hazaribagh directed the said firm to supply the required medicines, where after M/s Rajasthan Drugs and Pharmaceuticals Limited, Jaipur directed the Superintendent, Central Jail, Hazaribagh to receive medicines from the petitioner and pay the price of the said medicines to the petitioner and hence the petitioner supplied the medicines to the Central Jail, Hazaribagh (respondent no. 5) and sent bills for a total sum of Rs. 16,704.25 vide bill nos. 27 & 28, both dated 17.6.1994 but although the payment should have been released immediately by respondent no. 5, the same has not been paid till date.

(3.) Similarly the Superintendent, District Jail, Giridih also placed order no. 552 dated 11.5.1996 and order no, 1209 dated 24.8.1997 before M/s Rajasthan Drugs and Pharmaceuticals Limited, Jaipur for supply of medicines required and as per the direction of the said firm, the paid orders were forwarded to the petitioner for arranging supply of medicines to the Superintendent, District Jail, Giridih (respondent no. 4), where after the petitioner supplied the required medicines as per the above orders and sent bills for a total amount of Rs. 21,292.22, but although the payment should have been released immediately by respondent no. 4, the same has not been paid till date.