Allowed

M/s. Yash Agencies v. State of Telangana and Another

Telangana HC23 Nov 2021WP/5622/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Telangana allowed the challenge against an order blacklisting the petitioner for supplying non-compliant PPE kits. The Court found that test reports subsequently proved the supplies met all quality parameters, setting aside the blacklisting and directing payment.

What did the court decide?

The impugned proceedings dated 15.01.2021 blacklisting the petitioner and denying payments were set aside, and the petitioner was held entitled to payment for supplies made.

M/s. Yash Agencies Vs State of Telangana… — Contract and Commercial Disputes | Telangana HC (2021)

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HIGH COURT FOR THE F TE LAN GANA AT HYD ESJiJE DO (speciat orisinii ju-rf,;iction)

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TUESDAY,THE TWENTY - rr_,?Ho FIovE rv B E R rw o r H 6ui;,G liJS

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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Between: WRIT PETITION NO: 5622 oF2021

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lrlls.^yash Agencier

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i5:ni'bd"sffi ilf f ,"ffi[1ti,,,,,",r;$i!}Ef iBir;,8?"T'r,#*x

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AND

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...pETrroNER

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State of Telanqana.State of Telanqana.of Telanqana.Telanqana.

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State of Telanqana.State of Telanqana.of Telanqana.Telanqana. ; i;+,f#t,,t1#.it+:+ rru,i'Eu". ;,:-ffi ,--

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...RESPONDENTS

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Petition under Articre 226 0t rhe constitution of rndia praying that in the circumstances stated in the affidavit riteo therewith,ln" Hign c";rt;;y uu-pr""r"a to issue a writ of Mandamus or any other appropriate writ, order or orders, Direction or Directions to- -d9crar9 -the procebdings of tn" znJ rlspinoent dated 15/01/2021 in Lr.No.0alpnslQclNso)ppE Kits Testing/2020-21 whereby it blacklisted the petitioner with regard to supply of ppE kits anI also denieo amount payable to the petitioner for the supplie already made by it, as iilegai, aioiirary ano unreasonable and to set aside the same and to direc t" zno resp"ondent to olcioe the issue afresh by getting the sample of ppE kit supplied by the petitioner iesteo by south lndia Textile Research Association lsrrnnj and to'decidL *ifl.r r."grio to the amount payable to the petitioner for the supplies made by it.

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lA NO: 1 OF 202'l

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Petition under Section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to send a sample of the PPE kit supplied by the petitioner under Purchase Order dated 0910912020, for testing to South lndia Textile Research Association (SITRA), Coimbatore to decide whether the same is meeting the required specifications, pending disposal of the Writ Petition.

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lA NO: 2 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to suspend the proceedings of the 2nd respondent dated 1510112021ⁱⁿ Lr.No.03/Ph3/QC/NSQ/PPE Kits Testing/2020-21 whereby it blacklisted^the petitioner with regard to supply of PPE kits and also denied amount payable to the petitioner for the supplies already made by it, pending disposal of the Writ Petition.

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Counsel for the Petitioner : SRI VEDULA SRINIVAS Counsel forthe Respondent No.1: GP FOR MEDICAL^{HEALTHAND FAMILY} WELFARE

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Counsel for the Respondent No.2: SRI P. KISHORE^{RAO, SC FOR TSMSIDCL}

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The Court made the following: ORDER

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THE^{HON,BLE SRI JUSTICET'VINOD KUMAR} TIO NNo^.5622of202L WRIT^PETI

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ORDER:

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This^{Writ Petition is filed with the following prayer:}

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"to issue^{a Writof Mandamus or afly other appropriate Writ} orderororders'DirectionorDirections,todeclarethe proceedings^{of the 2"d respondentdated15 01'2o21 in} Lr.No.03 /^Ph3 / QC/^{NSQ / PPE Kits Testing/ 2020-2 1' wherebv} it blacklisted^{the petitionerwith regard to supply of PPEkits} andalsodeniedamountpayabletothepetitionerforthe supplies^{already madeby it,as illegal' arbitrary and} unreasonable,^{and to set asidethe same' and to direct the} 2'd respondent^{to decide the issue afresh by getting the} sampie^{of PPE kit supplied by the petitionertestedby South} India Textile^{ResearchAssociation(SlTRA) and to decide with} regard to the^{amountpayable to the petitionerfor the} supplies made^{bY it........"}

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2 HeardSriVedulaSrinivas,learnedSeniorCounselappearing for the^{petitioner, learned Government Pleader for Medical &} Health appearing^{for 1st respondentand Sri P Kishore Rao' learned} Standing Counsel^{appearingfor 2"d respondent'}

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The grievance of^{the petitionerin the present writ petitionis} that the respondents^{have blacklisted the petitioner for a period of} three years on the^{groundthat the PPE kits supplied by the} petitioner do not meet the specified^{standards and therebyseeking} to recover an amount^{of Rs.2.1 Crores from the bil1s payableto the} petitioner.

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He further submits that this^{Court by orderdt.0B'03'2O21} directed the respondents^{to draw another sample in the presence} of the petitioner from^{the PPE kits already supplied by it and send} the same for testing^{toSouth India Textile Research} Association(SlTRA), Coimbatore,^{and obtain report from the said} agency; that the said^{agencysubmitted tl-re test report, which}

shows that the^ppE Kits supplied by rhe petitioner meeting ali the quality parameters specified; and that the impugned proceedings cannot be said to be issued validlv.

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Counter aliidavit on behalf of 2"d respondent is filed wherein 2nd respondent admir to having drau,n a sample as directed by this Court on 28.O1.2021 and sending the same to SITRA for testing on 3I.O3.2O2L Further, along with the counter filed, a copy of the test report dt,O7.04.2021 has been enclosed as received from the said testing agency, indicating that the sample drawn and sent by the respondents for testing having met all the^parameters specified.

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Since the PPE Kits supplied^{by the petitionerhave met the} standards^{prescribed, the basis for issuing the impugned} proceedings dt. 15.01'2021^{stands removeclln view of the same'} the action of^{the respondents-authoritiesinblacklistingthe} petitioner for a^{periodof three years and denying amounts to the} petitioner payable^{for the suppliesalreaclymade by it cannotbe} sustained.

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For the^{foregoing reasons,this Writ Petition is allou'ed; the} impugned^{proceedrngsdt 15 01 2021 inLr'No 03/Ph3/QC/} NSQ/ PPE^{Kits Testing/2 O2O-21 of 2'd respotrdentis set aside;ar-rd} it is held that^{the petitioner is entitled to receive the paymentfor} the supplies^{made by it'No orderas to costs}

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Consequently,^{miscellaneouspetitionspending' if any' shall}

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stand closed.

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C\ SD/.L.SIVA^PARVATHI ASSISTANT^REGI //TRUE^COPY//

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SECTION^OFFICER

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To,

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'iH:.,liil**#*r::*d#g"i#d-.,:."y,",';:J,ffi ",

One CC to Sri Vedula Srinivas, Advocate IOPUCI 4. Two CCs to GP for Medical Health and Family Welfare, High Court^{for the State} of Telangana at Hyderabad. [OUT] 5. One CC to Sri P.Kishore Rao, SC for TSMSIDCL [OPUC] 6. Two CD Copies 7. One Spare Copy SM \

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HIGH COURT

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) DATEDt23ll'112021 \

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ORDER

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WP.No.5622 of 202'

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1 'rfe S T ,-{:
oof, 0 1 EI 202l
-i \l
C,

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ALLOWING THE WP WITHOUT COSTS

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\ui >>\

M/s. Yash Agencies v. State of Telangana and Another

Case brief

What is this about?

What did the court decide?

M/s. Yash Agencies v. State of Telangana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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