M/S. Progynosys Medical Systems ... vs The State Of Andhra Pradesh ,
2022 Latest Caselaw 5466 AP

     IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI
               HON'BLE SRI JUSTICE NINALA JAYASURYA
                   WRIT PETITION No.22499 OF 2022
Between:-

M/s Progynosys Medical Systems Pvt. Ltd.,
Bangalore, Karnataka State, represented
by its Authorized person D.Sreekanth Reddy                    ....   Petitioner

                                      And

The State of Andhra Pradesh, represented
by its Secretary, Finance and Planning
Department, Secretariat, Velagapudi,
Guntur District and 3 others.                                 .... Respondents

Counsel for the Petitioner        :   Mr.K.Rathangapani Reddy

Counsel for the Respondents       :   Learned Government Pleader for
                                      Finance and Planning

                                      Mr.Venkata Reddy Chittem, Learned
                                      Standing Counsel for A.P.M.S.I.D.C
ORDER:

The petitioner had been awarded the contract for works of supply,

installation, testing & training of C-arm and tables to the 3rd respondent

Hospitals in the State, under agreement dated 08.01.2018. After execution of

the said contract, a final bill for a sum of Rs.21,05,600/- had been prepared.

As the payment of the said amount has not been made by the respondents,

the petitioner has approached this Court by way of this Writ Petition.

2. Heard learned counsel for the petitioner, learned Government Pleader

for Finance and Planning and Mr.Venkata Reddy Chittem, Learned Standing

Counsel for APMSIDC. With their consent, the Writ Petition is being disposed

of at the admission stage.

3. It is the contention of the petitioner that even though the respondents

admitted that the petitioner is entitled for payment of the aforesaid sums of

money, no payment is being made. The petitioner contends that such non-

payment of money is clearly arbitrary and high-handed requiring the

interference of this Court.

4. This Court, in various orders, including the judgment of a learned

Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 &

batch had taken the view that such non-payment of dues is arbitrary and that

such dues need to be cleared by the respondents at the earliest.

5. According to the petitioner, an amount of Rs.21,05,600/- is stated to

be due towards the admitted bills. However, the learned Standing counsel for

the respondent-Corporation on instructions submits that the admitted amount

is Rs.20,42,432/-.

5. In view of the aforesaid directions of this Court in various cases and

after hearing the submissions of the learned counsel for the petitioner,

learned Government pleader for Finance & Planning and Mr.Venkata Reddy

Chittem, learned Standing Counsel for A.P.M.S.I.D.C appearing for the

respondents, this Writ Petition is disposed of with a direction to the

respondents to release the admitted amount of Rs.20,42,432/- to the

petitioner at the earliest, and at any rate, within a period of six weeks from

today. The differential amount may be claimed by the petitioner by the

supporting material. It would also be open to the petitioner to agitate his

claim for interest, if any payable by the respondents, in an appropriate

Forum. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

_____________________ NINALA JAYASURYA, J Date: 22.08.2022

IS

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO.22499 of 2022

Date: 22.08.2022

IS