Delhi High Court - Orders
J Duncan Healthcare Pvt Ltd vs Central Medical Services Society on 14 June, 2024
Author: Amit Sharma
Bench: Amit Sharma
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8630/2024 & CM APPL. 35340/2024 (interim relief)
J DUNCAN HEALTHCARE PVT LTD. ..... Petitioner
Through: Mr. Vikas Singh, Sr. Adv. with Mr.
Varun Singh, Mr. Ytharth Kumar,
Ms. Kajal S. Gupta, Mr. Rohan
Chandra, Ms. Vasudha Singh & Ms.
Somesa Gupta, Advs.
versus
CENTRAL MEDICAL SERVICES SOCIETY ..... Respondent
Through: Ms. Aakansha Kaul, Mr. Aman
Sahani, Mr. Rhea B, Mr. Satya
Sabharwal, Mr. A. Saxena, Advs.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 14.06.2024 CM APPL. 35341/2024 (Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of. CM APPL. 35342/2024 (permission to file lengthy list of dates)
3. Allowed, subject to just exceptions.
4. The application is accordingly disposed of. W.P.(C) 8630/2024 & CM APPL. 35340/2024 (interim relief)
5. The present petition under Article 226 of the Constitution of India seeks the following prayers:
"a. issue an appropriate writ in the nature of Certiorari or any other order/s or direction/s to quash and set aside the Impugned Order dated 22.05.2024 passed by Respondent/CMSS;
b. issue an appropriate writ in the nature of Certiorari or any other This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 00:21:01 order/s or direction/s to quash the Cancellation Order(s) dated
06.06.2024 and 07.06.2024 thereby 76 terminating 7 Purchase Orders, issued by the Respondent/CMSS;
c. pass any other order(s)/direction(s) as this Hon‟ble Court may deem fit in the interest of justice."
6. Learned Senior Counsel appearing on behalf of the petitioner submits that bank guarantees which have been found to be forged were supplied to the petitioner by M/s Mizuna Biosciences Private Limited and associate companies, who had offered to give bank guarantee in lieu of purchase of shares. It is submitted that a complaint under the relevant provisions of the IPC have already been made by the present petitioner. It is further submitted that in response to the show cause notice, the petitioner had appeared for personal hearing and sought time to file a reply. However, before the same could be furnished, the impugned order dated 22.05.2024 was passed.
7. Learned counsel appearing on behalf of the respondent, on advance notice submits that personal hearing was duly given and the explanation given by the petitioner was taken on record before passing of the impugned order.
8. Issue notice.
9. Learned counsel for the respondent accepts notice and seeks time to file the counter affidavit. Let the same be filed within one week.
10. List on 26.06.2024 before the Vacation Bench.
AMIT SHARMA, J (VACATION JUDGE) JUNE 14, 2024/nk Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 00:21:01