Madras High Court
The Dean vs M/S.Hindusthan Surgicals on 7 December, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2021
Coram
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.1698 of 2021
and C.M.P.No.10806 of 2021
The Dean
Government Dharmapuri,
Medical College Hospital,
Dharmapuri – 636 701. ..Appellant
Vs
1.M/s.Hindusthan Surgicals,
No.4/485, Railway Station Road,
Government Dharmapuri Medical
College Hospital Back,
Dharmapuri.
2.The Chairman,
Micro & Small Enterprises Facilitation
Council & Additional Chief Secretary/Industries,
Commissioner and Director of
Industries and Commerce,
Chennai – 600 032. ..Respondents
Appeal preferred under Clause 15 of Letters Patent against the
order dated 06.09.2019 made in W.P.No.17809 of 2019.
For Appellant .. Mr.D.Ravichander,
Additional Government Pleader
For Respondents .. Mr.P.Valliappan
for M/s.P.V.Law Associates
for R1
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2
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
Challenge in this appeal is made to the order dated 06
September 2019 recorded on W.P.No.17809 of 2019.
2. The Dean of the Government Medical College Hospital,
Dharmapuri was in petition challenging the order of the second
respondent dated 14.07.2016.
3. Learned single Judge after hearing the parties and considering
the material on record arrived at the conclusion that the order dated
14.07.2016 passed by the second respondent was just and proper on
merits and even otherwise the challenge thereto was delayed by years
coupled with the fact that the petition was filed by the judgment
debtor only after the execution proceedings were initiated by the
decree holder.
4. Learned Additional Government Pleader has vehemently
submitted that learned single Judge fell in error while dismissing the
writ petition since according to him the first respondent was not
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entitled to what was granted in its favour. It is submitted that this
appeal be entertained.
5. On the other hand, learned advocate for the first respondent
has supported the order of learned single Judge. Over and above that,
serious grievance is made that even after the orders of this Court
starting from 30.09.2021, no further payment is received by his client.
It is also submitted that even during the pendency of the writ petition,
conditional stay was granted on deposit of Rs.20 lakhs but the said
order was also not complied with. It is submitted that this appeal be
dismissed.
6. Having heard the learned advocates for the respective parties
and having considered the material on record, this Court finds that the
challenge by the Dean of Government Medical College was to the
amount which he owed to the first respondent for supply of oxygen
cylinders. The said amount was quantified by the second respondent/
Micro and Small Enterprises Facilitation Council. Learned single Judge
has, on the basis of material on record found that not only there was
no infirmity in the order passed by the second respondent/ Council,
there was inordinate delay to challenge it. Further, the cause of action
was more the execution proceedings, less the order impugned in the
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writ petition. We find that the learned single Judge can not be said to
have fallen in any error which may call for any interference in an intra-
court appeal. This appeal therefore needs to be dismissed.
7.1 While dismissing this appeal, we also find that not only in the
impugned order at para 6 fact is noted that even the interim direction
to pay Rs.20 lakhs was not complied with during the pendency of the
petition. It is also a matter of record that even on this appeal, on
30.09.2021, this Court had passed the following order:
“No representation for the respondents.
2. The learned State Government Counsel
appearing for the appellant states that the
principal outstanding amount has already been
paid and only the interest amount is due.
3. The learned State Government Counsel is
directed to expedite the payment of interest.
4. Post the matter on 09.11.2021”
7.2 It was enquired from learned Additional Government Pleader
what amount is paid after the order dated 30.09.2021. It is asserted
that entire amount is paid. No details are on record. The fact remains
that even according to Government, the entire amount is paid. If that
is so, nothing remains to be adjudicated at the instance of the
Government. The payment by the State authority to private contractor
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would always be a matter of record and the same needs to be on
record. After 30.09.2021, the appeal was adjourned more than once.
Each time it is enquired but nothing concrete is reported.
8. Considering the totality, we do not find any reason to
interfere in the impugned order. There is no reason to keep this appeal
pending any more. This appeal is therefore dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
9. Execution proceedings, if any pending, shall not be permitted
to be adjourned at the request of the Government.
10. List on 22.12.2021 'for reporting compliance'.
(P.U.J.,) (S.S.K.J.,)
07.12.2021
Index:Yes/No
mmi/17
To
The Chairman,
Micro & Small Enterprises Facilitation Council &
Additional Chief Secretary/Industries,
Commissioner and Director of Industries and Commerce,
Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
mmi
W.A.No.1698 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
