Calcutta High Court (Appellete Side)
Ashim Dey vs State Of West Bengal & Ors on 21 December, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1 8 21.12. W.P. No. 30870(W) of 2017 ns 2017 Ashim Dey.
Versus State of West Bengal & Ors.
Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal ... for the petitioner. Mr. Jaharlal De, Mr. Shamim Ul Bari ... For the State.
A decision of the authorities to terminate the contract for supply of medicines is under challenge in the present writ petition.
Learned Advocate appearing for the petitioner submits that, the authorities had asked for supply of medicines in brand name when the petitioner is obliged to supply in the generic name. The petitioner was and is still ready and willing to supply the medicines in the generic name. However, the hospital authorities did not accept such medicines in the generic name. The enquiry conducted in respect of the allegations was perfunctory. The impugned order stands vitiated.
Learned Advocate appearing for the State submits that, the fact situation is quite to the contrary. The petitioner was asked to supply both equipments as 2 also medicines. He had failed to do so. An enquiry was directed to be made. He was called into the enquiry meeting. The petitioner appeared in the enquiry and made his submissions. He admitted that he was not in a position to supply the medicines and wanted time to supply the same. He had signed the resolution. Therefore, on the failure of the petitioner to supply the medicines, a decision was taken to terminate the supply contract as the medicines are all urgent in nature.
Having heard the rival contentions of the parties, it would be appropriate not to pass any interim order at this stage.
Let affidavit-in-opposition be filed within two weeks after the ensuing Christmas Vacation. Reply thereto, if any, be filed within a week thereafter.
The writ petition will be treated as ready for hearing immediately on completion of the time stipulated for filing affidavits. The parties are at liberty to mention for early hearing.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. 3 ( Debangsu Basak, J. )