M/S.Vivek Pharmachem (India) Limited vs Kerala Medical Services Corporation ...
2024 Latest Caselaw 15297 Ker

Kerala High Court

M/S.Vivek Pharmachem (India) Limited vs Kerala Medical Services Corporation ... on 5 June, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

          WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

                           WP(C) NO. 34803 OF 2015

PETITIONER:

              M/S.VIVEK PHARMACHEM (INDIA) LIMITED
              AGED 52 YEARS
              A-1, SETHI COLONY, JAIPUR-302 004, REPRESENTED BY ITS
              MANAGING DIRECTOR.

              BY ADVS.
              SRI.P.RAVINDRAN (SR.)
              SRI.SREEDHAR RAVINDRAN.



RESPONDENTS:

     1        KERALA MEDICAL SERVICES CORPORATION LIMITED
              THYCAUD P.O., THIRUVANANTHAPURAM-695014.

     2        THE MANAGING DIRECTOR
              KERALA MEDICAL SERVICES CORPORATION LIMITED, THYCAUD P.O.,
              THIRUVANANTHAPURAM-695 014.

              BY ADV SRI.M.AJAY,STANDING COUNSEL



         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34803 OF 2015

                                  : 2 :



                     M.A. ABDUL HAKHIM, J.
              ---------------------------------------------
                    W.P (C) No.34803 of 2015
              ----------------------------------------------
              Dated this the 5th day of June, 2024


                             JUDGMENT

1. The petitioner was the bidder for supply of medicine to

the 1st respondent in the period 2013-2014. The petitioner

supplied medicines and the same was paid. Thereafter,

certain batches of the medicines were found to be not of

standard quality since the particulars of the medicines is

already paid. The 1st respondent issued Ext.P9 notice

proposing to recover the value of the entire batch of

medicines from the security deposit furnished by the

petitioner as per the terms of the contract. The petitioner

submitted Ext.P11 reply to Ext.P9 notice.

2. The limited submission of the counsel for the petitioner

is that the 1st respondent may be directed to consider

Ext.P11 reply before taking final decision in the matter.

Accordingly, at the time of admission of this writ petiiton, WP(C) NO. 34803 OF 2015

this Court had stopped further proceedings pursuant to

Ext.P9 and the same was extended by time to time.

Accordingly, this writ petition is disposed of directing

the 1st respondent to treat Ext.P9 as a show cause notice

prior to recovery of the amount from the security deposit

and other amounts due from the petitioner and consider

Ext.P11 reply submitted by the petitioner and pass final

orders in the matter after giving an opportunity of being

heard the petitioner within a period of three months from

the date of receipt of a copy of this Judgment. The petitioner

is free to produce documents in respect of his contention in

Ext.P11.

Sd/-

M.A. ABDUL HAKHIM, JUDGE S.M.K. WP(C) NO. 34803 OF 2015

APPENDIX OF WP(C) 34803/2015

PETITIONER ANNEXURES EXHIBIT P1. TRUE COPY OF THE LICENCE FOR MANUFACTURE OF MEDICINE FROM THE DRUGS CONTROL ORGANISATION DT.15-12-14.

EXHIBIT P2. TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE INDIAN STANDARD ORGANISATION DT.8- 1-2013.

EXHIBIT P3. TRUE COPY OF THE NON CONVICTION CERTIFICATE DT.19-8-15.

EXHIBIT P4. TRUE COPY OF THE LETTER ISSUED BY R1 DT.5-6-2013.

EXHIBIT P5. TRUE COPY OF THE ANNEXURE I TO EXT.P4.

EXHIBIT P6. TRUE COPY OF THE ANNEXURE II TO EXT.P4.

EXHIBIT P7. TRUE COPY OF THE PURCHASE ORDER DT.10-1-14.

EXHIBIT P8. TRUE COPY OF THE CERTIFICATE OF ANALYSIS OBTAINED BY THE PETITIONER 3-3-2014.

EXHIBIT P9. TRUE COPY OF THE COMMUNICATION DT.14-7-15.

EXHIBIT P10. TRUE COPY OF THE LABORATORY PROTOCOL ACCOMPANYING EXT.P9 DT.25-6-15.

EXHIBIT P11. TRUE COPY OF THE LETTER SUBMITTED BEFORE THE R1 DT.31-7-2015.

EXHIBIT P12. TRUE COPY OF THE REPORT SUBMITTED ALONG WITH EXT.P11 DT.31-7-15.