HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10864 OF 2009 DATED 14TH OCTOBER, 2014.
BETWEEN M/s. Vimal Pharma, Hyderabad Rep. by its Managing Partner Mr.P.Ratan lal Jain ….Petitioner And The State of Andhra Pradesh, Industries and Commerce (SSI & SP) Department, Secretariat, Hyderabad, rep. by its Prl.Secretary And ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10864 OF 2009 ORDER:
Heard the learned Counsel for the petitioner, learned Government Pleader appearing for the first respondent and learned standing Counsel appearing for the second respondent.
The petitioner is a registered small scale industry carrying on business in production of pharmaceutical cotton and allied materials. The Government of Andhra Pradesh evolved a policy to encourage small scale industries and issued G.O.Ms.No.181, Industries and Commerce Department, dated 09.04.1989 under which the second respondent was appointed as the sole selling agency in respect of various SSI items mentioned in the Schedule to the said GO. Thereafter, the Government issued G.O.Ms.No.240, Industries and Commerce (SSI & SP) Department, dated 22.05.1989 wherein it was made clear that the Government Departments/undertakings/Corporations should make an advance payment of 90% of bill to the second respondent along with the indent and the remaining balance of 10% to be made on satisfactory completion of supply. The petitioner entered into an agreement with the second respondent on 13.03.1995 to carry out its duties as the producing agent and marketing agent of its (the petitioner) products. Pursuant to the said agreement, the petitioner has been producing and supplying the products to various Government hospitals and its agency hospitals from time to time. It is deemed that the petitioner had deposited 90% amounts as required in G.O.Ms.No.240, dated 22.05.1989. However, the amounts so received by the second respondent were not released to the petitioner for supplying the products pursuant to the indents. The communication of the second respondent dated 08.09.1997 reveals that the monies received from various departments have been diverted for other purpose due to financial position of the second respondent-Corporation. Subsequently, the second respondent went into liquidation by which time, an amount of Rs.9,98,044.90 Ps was due to the petitioner. The petitioner submitted representation on 24.4.1998 seeking payment of outstanding due amount.
When the things stood thus, the petitioner filed Writ Petition No. 18669 of 1998 challenging the action of the second respondent therein, first respondent herein, in not implementing G.O.Ms.No.240, dated 22.5.1989 and the consequential action of the first respondent therein, second respondent herein, in withholding the sum of Rs.9,98,044.90Ps as arbitrary. The said Writ Petition was disposed of by order dated 29.03.2007 granting liberty to the petitioner to make its claim and register the same before the liquidator and the second respondent herein was directed to consider the same on merits and in accordance with law. Pursuant to the said order of this Court, the petitioner filed claim before the liquidator on 22.07.2000 and the said claim is pending. When the liquidator did not settle the claim, the present Writ Petition was filed challenging the action of the respondent in not paying the amount due to the petitioner.
Having adjudged the above factual matrix, it is clear that this Writ Petition is not maintainable for the very same cause of action though no findings were recorded in the earlier Writ petition, but liberty was given to the petitioner to file appropriate claim before the liquidator and pursuant to the same, the petitioner has exercised his choice and filed claim. In view of the same, the petitioner has to await for the decision of the liquidator for payment of the amounts due to it. If any further amount is sought to be claimed, the petitioner is at liberty to pursue his remedies before competent Court of law.
Subject to the above observation, the Writ Petition is dismissed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 14th October, 2014. Msnro