IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33383 of 2005(Y)
1. HUMAN BIOLOGICAL INSTITUTE A DIVISION OF
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE CHAIRPERSON, CENTRAL PURCHASE
3. THE DIRECTOR OF HEALTH SERVICES
For Petitioner :SRI.K.RAMAKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/09/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 33383 OF 2005 Y
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Dated this the 19th September, 2007
J U D G M E N T
The petitioner is a Government of India
undertaking which has been supplying anti-rabies
medicine to the Govt. of Kerala. The prayer in this
writ petition is to direct the respondents to release
payment of Rs.1,17,14,469/- towards the value of the
medicine supplied.
2. In the counter affidavit filed by the
respondents, after giving credit to the payments that
have already been made, they admit a balance of
Rs.69,28,734/-. Now that the liability to the extent
of Rs.69,28,734/- has been admitted by the respondents
towards the medicine supplied for the period 2002-03, I
see no justification for its non-payment. However, the
learned Govt. Pleader submits that due to financial
constraints of the Government, this amount could not be
paid so far and seeks instalment facility for
discharging the liability.
3. Having heard both sides, I am inclined to
WPC No. 33383/05 -2-
dispose of this writ petition by directing that the
admitted amount of Rs.69,28,734/- shall be paid by the
Government of Kerala in six equal bi-monthly
instalments. The first instalment will be payable on
1-1-2008 and the subsequent instalments will be payable
on the 1st of the month in which it falls due.
4. If the petitioner still claims that anything
more than what is ordered herein above, will be payable
by the respondents, the petitioner may, if so advised,
institute appropriate proceedings for recovery of the
said amount.
The writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-