IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 22985 of 2007(J) -------------------------- PETITIONER: ------------- M/S. K.PHARMACEUTICAL WORKS, REPRESENTED BY ITS MANAGING PARTNER, ASHOK GUPTA, S/O. S.D. GUPTA, RAILWAY ROAD, JIND, HARYANA. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, KERALA. 2. KERALA STATE DRUGS AND PHARMACEUTICAL LTD. (GOVERNMENT OF KERALA ENTERPRISES), REPRESENTED BY ITS MANAGING DIRECTOR KALAVOOR, ALAPPUZHA. 3. MATERIALS MANAGER, KERALA STATE DRUGS AND PHARMACEUTRICAL LTD., KALAVOOR, ALAPPUZHA, KERALA. R1 BY GOVERNMENT PLEADER, SMT.N.SUDHA DEVI R2 & R3 BY ADV. SRI.B.SAJEEV KUMAR,SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 22985/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE LETTER DATED 23.04.03 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF THE LETTER DATED 22.3.04 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE NOTICE SEND TO THE PETITIONER BY THE BANK DATED 28.7.04. EXT.P4 : TRUE COPY OF THE QUOTATION SEND BY THE RESPONDENT COMPAMY TO THE PETITIONER DATED 12.6.04. EXT.P5 : TRUE COPY OF THE LEGAL NOTICE DATED 18.8.04 SENT TO THE 2ND RESPONDENT BY THE PETITIONER. EXT.P6 : TRUE COPY OF THE ORDER PASSED BY THE HIGH COURT OF PUNJAB & HARYANA IN CCWP 16786/04 DATED 22.2.05. EXT.P7 : TRUE COPY OF THE ORDER PASSED BY THE SUPREME COURT IN SLA(CIVIL) 14105/05 DATED 25.7.05. RESPONDENT'S EXHIBIT: EXT.R2(A) : TRUE COPY OF THE GO(Rt0 nO.437/07/ID DATED 18.9.07 PUBLISHED IN THE KERALA GAZETTE DATED 19.9.07. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 22985 OF 2007 ------------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT The petitioner supplied medicines and raw materials to the 2nd respondent company which is engaged in the business of manufacturing medicines. Petitioner submits that an amount of Rs.31,73,861/- is due from the 2nd respondent company to the petitioner towards payment for such supplies, which is not being paid. It is under the above circumstances the petitioner has filed this writ petition, seeking the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to release the payment of Rs.31,73,861/- as admitted in Ext.P1 &P2. ii. Issue an order or direction to the respondents to give interest at the rate of 24% for the delayed payment.” 2. A counter affidavit has been filed in which the liability to pay the principal amount is admitted and the liability to pay the interest is disputed. But according to them, they are unable to pay the money to the petitioner, since they do not have funds, as they are in a financial crisis. It is further stated in the counter affidavit filed by the 2nd respondent that the company has been declared by the WPC : 22985/07 -:2:- Government of Kerala as a Relief Undertaking in accordance with the provisions of the Kerala Relief Undertaking (Special Provisions) Act, 1961, as per Ext.R2(a) notification. It is now submitted that the current notification is valid up to 28.3.2010. According to them, going by the provisions of the Act, in view of the said notification proceedings for recovery of liabilities from the company like the one raised by the petitioner stands stayed. No reply affidavit has been filed controverting the same. The learned counsel for the 2nd respondent has produced for my perusal the latest notification under the said Act. That being so, the petitioner cannot now enforce the recovery. Accordingly, without prejudice to the right of the petitioner to seek appropriate remedies for recovery of the amount as and when the validity of the notification under the Act expires, this writ petition is disposed of. S. SIRI JAGAN, JUDGE ttb