Odisha Drugs Manufacturers vs State Of Odisha & Others
2023 Latest Caselaw 2045 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.6581 of 2023

Odisha Drugs Manufacturers            .....                                 Petitioners
Association, Bhubaneswar & Anr.
                                                         Mr. P. Acharya, Sr. Advocate
                                      Vs.
State of Odisha & others              .....                           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 Order2No. 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) Alok/Gs JUDGE