Petitioner sought writs quashing documents and directing payment or communication. The petition was dismissed as withdrawn with liberty to approach the arbitrator.
Writ petition dismissed as withdrawn with liberty to approach the arbitrator.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
WP(C).No.2195 of 2019
PETITIONER/S:
SANGROSE LABORATORIES (P) LTD., INDUSTRIAL ESTATE, KALLIMEL P.O., MAVELIKKARA,
( REPRESENTED BY ITS MANAGING DIRECTOR).
BY ADVS.
SRI.TONY GEORGE KANNANTHANAM SRI.VINCENT JOSEPH
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
2 THE KERALA MEDICAL SERVICES CORPORATION LIMITED., REPRESENTED BY ITS MANAGING DIRECTOR, THYCAUD P.O., TRIVANDRUM 695 014.
R1 SRI.B.VINOD, SR. GOVERNMENT PLEADER R2- SRI.M.AJAY,SC,KERALA MEDICAL SERV.CORPN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2195 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:-
i. To issue a writ of certiorari or other appropriate order or direction quashing Ext.P18, P19, P20 & P23.
ii. To issue a writ of mandamus or other appropriate order or direction directing 2nd respondent to pay the petitioner, for the entire drugs supplied by the petitioner and consumed by the 2nd respondent (by not returning the so called interior quality drugs) or in the alternative;
iii. To issue a writ of mandamus or other appropriate order or direction to direct the 1st respondent to take an immediate decision on Ext.P24 and communicate the same to the petitioner.
iv. To grant such other reliefs as are just and proper in the nature of this case.
learned senior counsel for the petitioner submitted
that petitioner may be permitted to withdraw the writ petition, leaving open the liberty to take appropriate steps for conducting arbitration. Therefore the writ petition is dismissed as withdrawn, leaving open the liberty of the
WP(C).No.2195 of 2019 3
petitioner to approach the arbitrator in accordance
with law, and in terms of the agreement.
I also make it clear that, the respondents will
be at liberty to take up any question with respect
to the limitation, if any, has occurred in the
subject matter.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
Sangrose Laboratories (P) Ltd.
The State of Kerala
The Kerala Medical Services Corporation Limited
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
