HASEEB PHARMACEUTICALS PRIVATE LIMITED Vs. TELANGANA STATE MEDICAL SERVICES AND INFRASTRUCTURE DEVELOPMENT CORPORATION

JUDGEMENT

(1.) The appellant/writ petitioner is aggrieved by the order dated 20.04.2021, passed in W.P.No.2135 of 2020, filed by it for declaring the notice to show cause dated 21.06.2017, issued by the respondent No.1 as arbitrary and unreasonable and further, to direct the respondent authorities to release the payment of a sum of Rs.4,36,18,455/- in its favour for the products supplied and consumed by the respondents.

(2.) By the impugned order, the learned Single Judge has dismissed the writ petition by noticing that there is an arbitration clause provided in the contract governing the parties and that the appellant/writ petitioner ought to have invoked the same in the event of any dispute with the respondents. The court has also observed that there are disputed question of facts raised in the writ petition that ought not to be entertained by exercising judicial review.

(3.) On a perusal of the averments made by the appellant/writ petitioner in the writ petition, it transpires that a notice to show cause dated 21.06.2017 was issued by the respondent No.1 to the appellant/writ petitioner stating inter alia that it had supplied some IV Fluids to the respondents, which had resulted in 13 patients losing their vision which was attributed to the usage of the contaminated IV Fluids. It is stated that the said IV Fluids were tested by the Drug Control Authorities and found to be not of a standard quality. As a result, all the products supplied by the appellant/writ petitioner were recalled and the appellant/writ petitioner was called upon to offer its explanation.