IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 W.A.No.2221 of 2006(C) ------------------------------------------------ AGAINST THE JUDGEMENT IN W.P.(C).NO..3144/2006 DATED 01/08/2006 .................... APPELLANT: 3RD PARTY:- --------------------------------------- PARENTERAL DRUGS (INDIA)LIMITED, REPRESENTED BY RAMAKRISHNAN, POWER OF ATTORNEY HOLDER OF MANAGING DIRECTOR OF PARENTERAL DRUGS (INDIA)LTD., REGISTERED OFFICE AT 340, LAXMI PLAZA, LAXMI INDUSTRIAL ESTATE, NEW LINK ROAD, ANHERI(W), MUMBAI - 58. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: PETITIONER & RESPONDENTS NO.1 TO 3:- ------------------------------------------------------------------------------------- 1. KOKAD PHARMACEUTICALS LABORATORIES LTD., POOVARANI.P.O., KOTTAYAM, KERALA, REPRESENTED BY MRS.K.T.MATHEW, DIRECTOR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE CHAIRPERSON, CENTRAL PURCHASE COMMITTEE, H & FED, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE DRUG CONTROLLER, KERALA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.M.RAMESH CHANDER R2 TO R4 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & K.M.Joseph,J. ----------------------------------------------------------- W.A.No.2221 of 2006 & I.A.No.44 of 2008 ------------------------------------------------------------ Dated, this the 15th day of February, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is filed against the orders passed by the learned Single Judge in W.P.(C).No.3144 of 2006 dated 1.8.2006. 2. During the pendency of this appeal, the appellant has also filed I.A.No.44 of 2008 for certain directions. 3. At the time of hearing of I.A.No.44 of 2008, Sri.R.T.Pradeep, the learned counsel appearing for the appellant, submits that in view of the report submitted by the 3rd respondent, he would not press for the reliefs sought for in the Writ Appeal. 4. In the report submitted by the 3rd respondent, they have stated as under: “1. M/s.Parenteral Drugs (India) Ltd. has filed an IA and WA No.2221/06 stating that the pendancy of Writ Appeal is projected as a reason to withhold the payment of entire dues. 2. On verification of this office records/invoice register, it is seen that invoice for the tune of Rs.35,23,663/- is under processing towards the payment to M/s.Parenteral Drugs (India) Ltd., Shree Ganesh, AB Road, Navlakh Crossing, Indore. For the pending bills for Rs.11,12,829/- demanded by the firm, stringent directions are given to the concerned District Store Superintendent to forward the same after making necessary stock entry certificate and other details for passing bills and to make payment to the firm. All the other payment claimed by the firm is related to the Medical Colleges under the Director of Medical Education. In this case also necessary action has already been taken to release the pending payment immediately”. 5. The report submitted by the 3rd respondent is placed on record. W.A.No.2221 of 2006 - 2 - 6. In view of the statement made by Sri.R.T.Pradeep, learned counsel appearing for the appellant, the Writ Appeal is disposed of. The 3rd respondent is directed to settle the claim of the appellant as expeditiously as possible, at any rate, on or before 30.03.2008. 7. Consequently, I.A.No.44 of 2008 is also disposed of. Ordered accordingly. H.L.Dattu Chief Justice K.M.Joseph Judge vku/-