WPMS/560/2021
2021 Latest Caselaw 799 UK

     IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 9th DAY OF MARCH, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       WRIT PETITION (M/S) NO. 560 OF 2021


BETWEEN:
      M/s Vantage Biotech Pvt. Ltd.          ......Petitioner
      (Mr. Bhupesh Kandpal, Advocate)



AND:
      Union of India & others        .....Respondents
      (Mr. Vinod Nautiyal, Deputy Advocate General for the
      State of Uttarakhand/ respondent nos. 2 & 4)


                       JUDGMENT

According to the petitioner, he supplied certain medicines and surgical goods to Government Medical College, Haldwani; however, full price of the material supplied, has not been paid to him.

2. Mr. Vinod Nautiyal, learned Deputy Advocate General appearing for respondent nos. 2 & 4 submits that in view of disputed question of facts involved in the writ petition, namely, as to whether petitioner actually supplied medicine and surgical goods and whether the goods supplied by him were as per the specifications, the petitioner should be relegated to a Civil Court, which may record evidence and then give a finding on disputed question of facts.

3. Mr. Bhupesh Kandpal, learned counsel for the petitioner submits that he confines his prayer and writ petition be disposed of with a direction to Principal, Government Medical College, Haldwani to look into grievance of the petitioner. He further submits that if there is any defect or deficiency in the goods supplied by the petitioner, then Principal can certainly indicate in his order to be passed on petitioner's representation.

4. Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to Principal, Government Medical College, Haldwani to consider the representation, as submitted by the petitioner and take appropriate decision, in accordance with law, within six months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin