Court No. - 29
Case :- WRIT - C No. - 31459 of 2018 Petitioner :- M/S Priya Pharmaceuticals And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Aman Arya,Nishant Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Mukhtar Ahmad,J.
Heard learned counsel for the petitioners.
Petitioners are suppliers of pharmaceuticals items. It is alleged that they have made supply to the Pt. Kamalapati Tripathi, District Hospital, Chandauli in the last three years but the payment to the tune of Rs.11,79,485 has not been paid to them.
The documents on record reveals that the petitioner himself accept that the respondents are saying that the payment has been made but when he demanded the details/ particulars of the payment, no reply has been given.
In view of the above, it appears that there is a dispute as to whether the payment has been made or not and the aforesaid amount is not an admitted amount.
In view of the above, we do not deem it necessary to exercise our discretionary jurisdiction in the matter and leaves it open to the petitioner to take recourse to the other remedies before the civil Court or arbitration, if so provided.
The writ petition is dismissed with the above observation.
Order Date :- 20.9.2018 Fhd.