M/S Dhanush Infotech Pvt. Ltd. vs The State Of Andhar Pradesh
2021 Latest Caselaw 2864 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

         MAIN CASE No. W.P.Nos.8834 of 2021 & 12375 of 2021

                             PROCEEDING SHEET

Sl.                                                                 Office
                                    ORDER

No      DATE                                                        Note
      04.08.2021 RRR, J

The subject matter of both these writ petitions is the contract for procurement of services for standardization and refurbishment of government owned telemedicine facilities at sub-centers in district of West Godavari, East Godavari, Visakhapatnam, Vizianagaram and Srikakulam (Zone-III) Andhra Pradesh, India, dated 12.01.2019. Under this contract, the petitioners were to offer services for 3010 sub centers in the State of Andhra Pradesh. It is agreed between both the parties that services were given by the petitioners in 502 sub centers. Thereafter there had been disputes between the parties as to whether the delay in implementing of services in 2508 centers is on account of the petitioners or on account of the 3rd respondent. These disputes have now culminated in the order of termination dated 25.06.2021 by way of proceedings in Rc.540/CHFW/NHM/2020-1.

In the course of arguments, the attention of this Court was drawn to clause No.7 of the contract dated 12.01.2019.

This clause stipulated that if there is any dispute or difference of any kind between the petitioners and 3rd respondent, in connection with or relating to the contract, the parties shall make every effort to resolve the same

W.P.Nos.8834 of 2021 & 12375 of 2021

04-08-2021 (Contd..,) amicably by mutual consultation.

There is every need to consider such methods of alternative dispute resolution and the said need has resonated time again with the Hon'ble Apex Court as well as this Court in various Judgments.

In the circumstances, I deem it appropriate to keep these writ petitions pending and direct both the parties to make an attempt at resolving their differences and disputes by way of mutual negotiations, as required under clause 7 of the agreement dated 12.01.2019.

Accordingly, the representatives of the petitioners as well as the representatives of respondent Nos.2 and 3, who are authorized to take decisions in this matter, shall meet on 09.08.2021 at the office of the 2nd respondent at 11.00 a.m., as the first meeting for resolving their disputes.

The time and venue for all subsequent meetings will be decided by the parties mutually.

Post on 25.08.2021 in the 'Motion List'.

_________ RRR, J

SDP

W.P.Nos.8834 of 2021 & 12375 of 2021

04-08-2021 (Contd..,)