Kerala High Court
Sun Pharmaceutical Industries Limited ... vs Kerala Medical Services Corporation ... on 5 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 1048 OF 2024
PETITIONERS:
1 SUN PHARMACEUTICAL INDUSTRIES LIMITED (SPIL),
CORPORATE OFFICE AT SUN HOUSE, 201 B/1, WESTERN EXPRESS
HIGHWAY, GOREGAON (E), MUMBAI. REPRESENTED BY ITS POWER
OF ATTORNEY HOLDER K. CHANDRAMOHANAN NAIR, RESIDING AT
"SREE SAILAM", PAZHAVEEDU. P.O, ALAPPUZHA-688009, PIN -
400063
2 SUN PHARMA LABORATORIES LIMITED (SPLL),
CORPORATE OFFICE AT SUN HOUSE, 201 B/1, WESTERN EXPRESS
HIGHWAY, GOREGAON (E), MUMBAI. REPRESENTED BY ITS POWER
OF ATTORNEY HOLDER K. CHANDRAMOHANAN NAIR, RESIDING AT
"SREESAILAM", PAZHAVEEDU. P.O, ALAPPUZHA-688009, PIN -
400063
BY ADVS.
K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
RESPONDENTS:
1 KERALA MEDICAL SERVICES CORPORATION LIMITED,
THYCADU. P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR., PIN - 695014
2 THE GENERAL MANAGER,
KERALA MEDICAL SERVICES CORPORATION LIMITED, THYCADU.
P.O, THIRUVANANTHAPURAM., PIN - 695014
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF
KERALA, HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
SRI.M.AJAY, SC
SRI.SUNIL KUMAR KURIAKOSE, GP
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. 1048 OF 2024 2
T.R. RAVI, J.
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W.P.C No. 1048 of 2024
--------------------------------------------
Dated this the 5th day of June, 2024
JUDGMENT
The writ petition has been filed with a main prayer for
payment of Rs.9,50,07,737/- due as per Ext.P10 towards
pending bills of medicine supplied as on 31.12.2023.
2. It is submitted by the counsel for the respondent
that pending the writ petition, substantial amounts had been
paid and the amount that was overdue as on 02.04.2024 was
about Rs.3 crores. It is submitted that the said amount has
also been paid. The Senior Counsel appearing for the
petitioners submitted that as per their account, a sum of
around Rs.75 lakhs is due.
In the above circumstances, this writ petition is disposed
of directing the respondents to pay the balance amount
payable after verification of the accounts at the earliest, at
any rate, within a period of two months from the date of
receipt of a copy of this judgment. The respondents shall
ensure that payments in such cases, where they are dealing
with life saving drugs, are made simultaneously with the
supply or within the agreed period, without which it may not
be possible to meet the requirements of the State.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 1048/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SUPPLY AGREEMENT
EXECUTED BETWEEN THE 1ST PETITIONER AND
1ST RESPONDENT ON 01-11-2018
Exhibit P2 TRUE COPY OF THE SUPPLY AGREEMENT
EXECUTED BETWEEN THE 2ND PETITIONER AND
1ST RESPONDENT ON 01-11-2018
Exhibit P3 TRUE COPY OF THE ADDENDUM TO EXT.P1 AND
P2 AGREEMENTS EXECUTED BETWEEN 1ST
PETITIONER AND 1ST RESPONDENT ON
08-08-2022.
Exhibit P4 TRUE COPY OF THE ADDENDUM TO EXT.P1 AND
P2 AGREEMENTS EXECUTED BETWEEN 2ND
PETITIONER AND 1ST RESPONDENT ON
08-08-2022.
Exhibit P5 TRUE COPY OF THE LETTER OF INTENT AS PER
ORDER NO.PROR000000005271 MADE BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER ON
18-10-2023
Exhibit P6 TRUE COPY OF THE LETTER OF INTENT AS PER
ORDER NO.PROR000000005232 MADE BY THE 1ST
RESPONDENT TO THE 2ND PETITIONER ON
18-10-2023
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
08.02.2021 SUBMITTED BY THE SUN PHARMA
DISTRIBUTORS LIMITED TO THE 3RD
RESPONDENT
Exhibit P8 : TRUE COPY OF REPRESENTATION DATED
10.12.2021 SUBMITTED BY SUN PHARMA
DISTRIBUTORS LIMITED TO THE 1ST
RESPONDENT AGAINST THE OUTSTANDING DUES.
Exhibit P9 TRUE COPY OF REPRESENTATION DATED
7-1-2022 SUBMITTED BY SUN PHARMA
DISTRIBUTORS LIMITED TO THE 1ST
RESPONDENT AGAINST THE OUTSTANDING DUES.
Exhibit P10 TRUE COPY OF THE STATEMENT SHOWING THE
MONTHLY WISE BREAK UP OF PENDING PAYMENTS
FROM MAY 2023 DUE FROM THE 1ST RESPONDENT
OUTSTANDING AS ON 8-12-2023
