THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No. 561 of 2010 Dated: 7-9-2010 Between: M/s Monipharm Laboratories (P) Ltd. rep. by its Managing Director Mr. K.Anil Kumar. ….Appellant And The Branch Manager, National Cooperative Consumers Federation of India Ltd., and others …Respondents. JUDGMENT: (Per Hon’ble Sri Justice Goda Raghuram) Heard Sri Vedula Venkataramana, learned senior counsel for the appellant instructed by Sri Ganesh Bhujanga Rao Vadduri, Smt Y.Padmavathi, learned counsel for respondents 1 and 2; and Sri D.Prakash Reddy, learned senior counsel for the 5th respondent instructed by Smt G.Vijayalakshmi. This appeal by the writ petitioner is directed against the order dated 27- 7-2010 in WVMP Nos. 2886 and 3282 of 2010 in WPMP No. 14630 of 2010 in WP No. 11532 of 2010 whereby an order of status-quo initially granted in the writ petition at the instance of the appellant/writ petitioner, was vacated. The 1st respondent notified on 9-4-2010 seeking “expression of interest” for procuring medicines on credit for onward supply to Agencies/Government Departments in the form of Medicine Kits and in respect of 9 items of medicines or ancillary products. The appellant/writ petitioner submitted its response/bid before 15-4-2010, the last date by which the expression of interest should be submitted to the 1st respondent. However on dated 5-5-2010 the 1st respondent informed the appellant that as it is not willing to supply individual medicines as required by the said respondent and is interested in supply of kits, the 1st respondent is not considering the appellant’s offer and for the further reason that the bid of the appellant is on the higher side. However, the 1st respondent herein entered into an agreement with the 5th respondent for procuring the medicines and other products from the manufacturers for enabling the 1st respondent to supply medicine kits to Government Departments for onward supply of these kits to Anganwadi centers. In this appeal, by an earlier order dated 4-8-2010, it was directed that the 1st respondent or the APHMHIDC should procure the medicines and/or medicine kits to be supplied to Anganwadi Centers from the market, at rates which shall not be higher than the rates quoted by the appellant. The above order was passed in the context of the appellant’s allegation that after vacation of the order of status-quo by the order under appeal, the 1st respondent (which is the canalizing Agency for supply of medical kits to Anganwadi centres) entered into an exclusive agreement with the 5th respondent herein for supply of medicine kits and that agreement between the 5th respondent and the 1st respondent was entered into on 5-5-2010, the very date on which the appellant’s bid was rejected by the 1st respondent. From the order under appeal, it is apparent that the learned single Judge was inclined to exercise discretion not to continue the order of status- quo (initially granted), since the supply of medicine kits is for enabling the Anganwadi centers to provide primary medical aid to the rural folk. The learned single Judge was pleased to consider that the supply of medicines which is the main object of the entire exercise would be stalled or interminably protracted by continuing the order of status-quo and accordingly vacated the earlier order of status-quo. We find no error in the exercise of discretion by the learned single Judge by the order under appeal warranting interference. Pending and until disposal of the writ petition, the 1st respondent herein shall abide by the directions of this Court dated 4-8-2010, i.e., shall procure the medicines and/or medicine kits to be supplied to Anganwadi Centers from the market at rates which shall not be higher than the rates quoted by the appellant/writ petitioner. Subject to this direction, the writ appeal is disposed of. No costs. _______________________ GODA RAGHURAM, J ___________________________________ SAMUDRALA GOVINDARAJULU, J 7th September, 2010 GRR