Mannequin Pharmaceuticals vs State Of Odisha & Ors
2023 Latest Caselaw 2044 Ori

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            IN THE HIGH COURT OF ORISSA AT CUTTACK


                          W.P (C) No. 6582 of 2023


Mannequin Pharmaceuticals          .....                                   Petitioners
Pvt. Ltd. Bhubaneswar & Ors.
                                                       Mr. P. Acharya, Sr. Advocate

                                   Vs.

State of Odisha & Ors.             .....                             Opposite Parties
                                                            Mr. P.P. Mohanty, AGA
                                                                          (O.Ps.1-3)
                                                 Mr. A.K. Parija, Sr. Advocate along
                                                     with Mr. P.K. Muduli, Advocate
                                                                             (O.P.4)

            CORAM:
               DR. JUSTICE B.R. SARANGI
               MR. JUSTICE M.S. SAHOO

                                              ORDER

10.03.2023

Order No. This matter is taken up through hybrid mode.

2. In compliance of the order dated 03.03.2023, opposite party no.4-Dr. Poma Tudu, Managing Director, Odisha State Medical Corporation Ltd. appears in person and files an affidavit before this Court. The same be kept on record.

3. Mr. A.K. Parija, learned Senior Counsel appearing along with Mr. P.K. Muduli, learned counsel appearing for opposite party no.4 contended that since SLP(C) No.17776 of 2022 (arising out of judgment and order dated 11.08.2022 passed by this Court in W.P.(C) No.17471 of 2022) is pending before the apex Court, opposite party no.4 will keep in abeyance the tender process, pursuant to the tender

call notice issued, which will be subject to result of the SLP pending before the apex Court.

4 Since it is stated by opposite party no.4 that decision has already been taken not to give effect the tender till finalization of the SLP, cause of action no more subsists for the petitioner. However, if any cause of action arises, the petitioner may approach the appropriate forum.

5. Personal appearance of opposite party no.4-Dr. Poma Tudu, Managing Director, Odisha State Medical Corporation Ltd. is dispensed with.

6. Writ petition is accordingly disposed of.

7. Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

(M.S. SAHOO) JUDGE Alok