Masiha Services Infra Pvt. Ltd. vs The State Of Bihar & Ors.

That the present Writ application has been filed for the following reliefs:-

The brief facts culled out of the Writ petition are that the petitioner was awarded the work of supplying food to patients, admitted in different Government hospitals, in the District of Sitamarhi, pursuant to a tender floated by the District Health Society in 2016. The petitioner commenced the work and continued to provide the services under the agreement, which was extended from time to time.

The petitioner claims that substantial dues towards the food supplied at various hospitals, have remained unpaid for different periods. Despite repeated representations by the petitioner, the payments have been withheld mainly on account of non-verification/certification of the food supply records and for want of funds. The petitioner also claims payment at the enhanced rate, prescribed for food supplied to maternity patients and interest on the outstanding dues.

A counter affidavit was filed on behalf of the respondents. The Learned counsel for the respondents submits that the petitioner was awarded the work and had received part payment for the services rendered. It is submitted that, pursuant to the petitioner’s representations, the concerned Medical Officers were directed to verify the bills and submit their reports.

The Learned counsel for the respondents further submits that the claims have been verified and, on the basis of the consolidated report, a sum of Rs.5,65,299/- has been found payable to the petitioner, subject to allotment of the requisite funds by the Department. He, therefore, submits that necessary steps have already been taken for payment of the verified dues and no further interference is required in the present Writ petition.

A Rejoinder to the counter affidavit has been filed on behalf of the petitioner. The Learned counsel for the petitioner, in reply, submits that the amount of Rs.5,65,299/- shown by the respondents as payable does not represent the petitioner’s entire outstanding dues. It is submitted that the said amount relates only to three hospitals, whereas the petitioner had supplied food to 18 hospitals.

The Learned counsel for the petitioner, therefore, submits that the bills relating to the remaining hospitals may also be duly verified and the admissible dues be released. He further submits that the petitioner is entitled to appropriate interest on the delayed payment.

Heard the Learned counsel for the parties and perused the materials available on record.

Having considered the rival submissions and the materials available on record, this Court finds that, as stated in the counter affidavit, the claim of the petitioner has been verified and, as per the consolidated report, a sum of Rs.5,65,299/- has been found payable, subject to allotment of the requisite fund by the Department of Health.

Accordingly, the present Writ petition is disposed of with a direction to the respondents to process and pay the admissible dues of the petitioner in accordance with the verified records. In case the petitioner produces the relevant documents supporting his remaining bills, the concerned respondents shall also consider and verify the same and, if found payable, release the admissible amount to the petitioner within a period of three months from the date of receipt/production of a copy of this order, subject to availability of fund and completion of necessary formalities.

The Writ petition is, accordingly, disposed of with the aforesaid observations.

Interlocutory Application(s), if any, shall stand disposed of.