Jindal Photo Limited vs State Of J&K And Others

Tashi Rabstan, J

Instant petition has been filed by the petitioner seeking a direction to the respondents to pay the petitioner outstanding/liability along with interest on account of radiology items supplied by the petitioner.

It is submitted that the petition is a company registered under the Companies Act, 1956 and accordingly the petitioner has established an industrial unit/factory at Jammu and Kashmir SIDCO, Phase-I Samba. The petitioner, in terms of NIT issued by respondent No.3 on 20.06.2008, has competed for supply of items i.e., X-Ray/MRI/USG/mammography films and related instruments/materials etc., which is used in various hospitals and institutions of Health and Medical Education Department of Jammu and Kashmir Government. Subsequently, the petitioner was informed that he is approved for the supply of abovementioned items and as such the petitioner supplied the items. However, the respondents failed to make the full and final payment for supply of the items/materials mentioned hereinabove, therefore, the petitioner left with no other option but to file the present petition.

Supplementary affidavit has been filed by the respondents in terms of order dated 16.09.2021 passed by coordinate Bench of this Court with regard to authenticity/genuineness of Annexures-H, J and K issued by Medical Superintendent, Bones and Joint Hospital, Bajrala, Medical Superintendent, SHHS Hospital Srinagar and Principal Government Medical College and its Associated Hospitals, Srinagar.

For facility of reference, para 3 of the supplementary affidavit filed by Mr. Pamposh Ganju, Under Secretary to Government, Health and Medical Education Department is reproduced hereunder:

“3. That the Principal, Government Medical College, Srinagar in response to this Department's communication dated: 27-09-2021 vide her communication No. Legal/MC /783-84 dated: 10-11-2021 has forwarded the copies of the communication dated: 21-10-2021 and communication dated: 29-10-2021 received from Medical Superintendent, Government Bone and Joint Hospital, Barzalla and Medical Superintendent, SMHS Hospital, Srinagar respectively, therein authenticating the genuineness of Annexure-H and Annexure-J. Besides, the Principal, Government Medical College, Srinagar has also submitted to treat the communication No. AAG/Acctts/806-07 dated: 27-09-2021, (Annexure-K) pertaining to their office as genuine. The copies of these communications dated: 27-09-2021, 27-10-2021 and 10-1l-2021 are collectively annexed herewith as Annexure- R-I, R-II & R-III respectively for kind perusal of this Hon'ble Court”.

A perusal of above paragraph reveals that respondents have admitted their liability and Annexures annexed with the writ petition have been found genuine and authentic.

As the respondents are admitting their responsibility, therefore, instead of keeping it as pending consideration, I propose to dispose of this writ petition and as such the same is, disposed of, with a direction to the respondents to release the admitted liability in terms of Annexure K i.e., a communication dated 27.09.2021 amounting to Rs. 30.32 lakhs, provided the said balance amount has not already been released. Let the respondents release the admitted liability along interest @ 6% within a period of six weeks from the date a certified copy of this order is made available to them by the petitioner. In case, the respondents fail to release the said amount with the aforesaid period, the petitioner shall be held entitled further interest @ 12% on the actual amount of liability.

Disposed of as above along with connected application.