High Court directed 1st respondent to dispose of pending appeal within three months after hearing. Pending, stay invoked on bank guarantee under Ext.P23.
Direction to 1st respondent to consider and pass orders on Ext.P18 appeal within three months after hearing; stay on Ext.P23.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(C).NO.16417/2020-B
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
WP(C).No.16417 OF 2020(B)
PETITIONER:
M/S. SHREYA LIFE SCIENCES PVT.LTD. SHREYA HOUSE, 301/A, PERIERA HILL ROAD, ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI - 400 099 REPRESENTED BY ITS VICE PRESIDENT FINANCE AND ACCOUNTS, MR.ARUKUMAR DINAKAR KAMAT, AGED 52 YEARS, INDIAN INHABITANT HAVING PAN : BAPPK825E.
BY ADVS. SRI.MATHEWS K UTHUPPACHAN SRI.TERRY V.JAMES SRI.SHARAN SHAHIER
RESPONDENTS:
1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT ANNEX, THIRUVANANTHAPURAM - 695001.
2 THE MANAGER, STATE BANK OF INDIA INDUSTRIAL FINANCE BRANCH, ANDHERI 102, NATRAJ BUILDING - 194, W.E.HIGHWAY, MUMBAI.
3 KERALA MEDICAL SERVICES CORPORATION LTD. THYCAUD P.O., THIRUVANANTHAPURAM 695 014 REP. BY MANAGING DIRECTOR.
GP SMT.PRINCY XAVIER STANDING COUNSEL SRI M.AJAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).NO.16417/2020-B
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P.V.ASHA, J .
W.P(c) No.16417 of 2020-B
Dated this the 16th day of September, 2020
J U D G M E N T
The petitioner, which is a company involved in distribution, manufacturing and marketing of Pharmaceutical products, has filed this Writ Petition aggrieved by Ext.P17 order as well as Ext.P23 order by which the petitioner company is blacklisted for a period of 3 years and the bank guarantee is directed to be invoked. The petitioner has already approached the 1st respondent with Ext.P18 appeal on 30.09.2019. The petitioner points out that Ext.P23 order is passed directing to invoke the bank guarantee in respect of Ext.P4 tender during the pendency of the appeal.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(C).NO.16417/2020-B
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF 16/03/2018 FOR NO.KMSCL/DRGED/ DATED 18/11/201 |
THE AGREEMENT DATED THE AWARD OF TENDER 1&II/RC/2017/021 7. |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF 16/03/2018 FOR NO.KMSCL/DRGED/ DATED 18/11/201 |
THE AGREEMENT DATED THE AWARD OF TENDER I&II/RC/2017/024 7. |
| EXHIBIT P3 | A TRUE COPY OF NO.0473218BG000 EXECUTED BY THE OF THE 3RD RESP RS.42,00,969/- TENDER NO.KMSCL/DRGED/ DATED 18/11/201 |
THE BANK GUARANTEE 0149 DATED 16/03/2018 PETITIONER IN FAVOUR ONDENT FOR WITH RESPECT TO I&II/RC/2017/021 7. |
| EXHIBIT P4 | A TRUE COPY OF NO.KMSCL/DRGED/ DATED 21/11/201 |
THE TENDER I&II/RC/2018/014 8. |
| EXHIBIT P5 | A TRUE COPY OF ALONG WITH THE DATED 26/03/201 RESPONDENT. |
THE LETTER OF INTENT TERMS AND CONDITIONS 9 ISSUED BY THE 3RD |
| EXHIBIT P6 | A TRUE COPY OF NO.0473218BG000 FOR THE PERIOD 30/06/2020. |
THE BANK GUARANTEE 0651 DATED 17/12/2018 FROM 17/12/2018 TO |
| EXHIBIT P7 | A TRUE COPY OF THE PETITIONER DATED 02/04/201 |
THE REQUEST SENT BY TO THE 3RD RESPONDENT 9. |
| EXHIBIT P8 | A TRUE COPY OF 08/04/2019 SENT THE 3RD RESPOND |
THE REMINDER DATED BY THE PETITIONER TO ENT. |
| EXHIBIT P9 | A TRUE COPY OF 12/04/2019 ISSU RESPONDENT TO T |
THE LETTER DATED ED BY THE 3RD HE PETITIONER. |
W.P(C).NO.16417/2020-B
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| EXHIBIT P10 | A TRUE COPY OF THE NOTICE DATED 28/05/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
|---|---|
| EXHIBIT P11 | A TRUE COPY OF THE DAFAULT IN SUPPLY SHOW CAUSE NOTICE DATED 10/06/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXHIBIT P12 | A TRUE COPY OF THE SHOW CAUSE NOTICE FOR PROPOSED BLACKLISTING ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXHIBIT P13 | A TRUE COPY OF THE LETTER DATED 13/06/2019. |
| EXHIBIT P14 | A TRUE COPY OF THE LETTER DATED 20/06/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER REGARDING CANCELLATION OF PURCHASE ORDER. |
| EXHIBIT P15 | A TRUE COPY OF THE LETTER DATED 27/08/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER REGARDING CANCELLATION OF PURCHASE ORDER. |
| EXHIBIT P16 | A TRUE COPY OF THE LETTER DATED 13/08/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. |
| EXHIBIT P17 | A TRUE COPY OF THE ORDER DATED 20/09/2019 ISSUED BY THE 3RD RESPONDENT BLACKLISTING THE PETITIONER. |
| EXHIBIT P18 | A TRUE COPY OF THE APPEAL DATED 30/09/2019 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P19 | A TRUE COPY OF THE LETTER DATED 26/09/2019 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. |
| EXHIBIT P20 | A TRUE COPY OF THE ORDER DATED 22/01/2020 OF THIS HONORABLE COURT. |
| EXHIBIT P21 | A TRUE COPY OF THE ORDER DATED 23/01/2020 OF THIS HONORABLE COURT. |
W.P(C).NO.16417/2020-B
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EXHIBIT P22 A TRUE COPY OF THE LETTER NO.KMSCL/FIN/826/2016 DATED 23/10/2019. EXHIBIT P23 A TRUE COPY OF THE EMAIL 11/11/2019 ISSUED BY THE 2ND RESPONDENT BANK.
1 issue framed by the court
Whether to grant stay on invocation of bank guarantee while appeal pending.
M/s. Shreya Life Sciences Pvt.Ltd.
State of Kerala
The Manager, State Bank of India Industrial Finance Branch
Kerala Medical Services Corporation Ltd.
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
