Dhanush Infotech Pvt. Ltd. vs. The State Of Andhar Pradesh

Court:High Court of Andhra Pradesh

Judge:Hon'ble R Raghunandan Rao

Case Status:Disposed

Order Date:4 Aug 2021

CNR:APHC010152202021

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

Sl.<br>No	DATE	ORDER	Office<br>Note
	04.08.2021	RRR, J
		The subject matter of both these writ
		petitions is the contract for procurement of
		services for standardization and refurbishment
		of government owned telemedicine facilities at
		sub-centers in district of West Godavari, East
		Godavari, Visakhapatnam, Vizianagaram and
		Srikakulam (Zone-III) Andhra Pradesh, India,
		dated 12.01.2019. Under this contract, the
		petitioners were to offer services for 3010 sub
		centers in the State of Andhra Pradesh. It is
		agreed between both the parties that services
		were given by the petitioners in 502 sub
		centers. Thereafter there had been disputes
		between the parties as to whether the delay in
		implementing of services in 2508 centers is on
		account of the petitioners or on account of the
		$3rd$ respondent. These disputes have now
		culminated in the order of termination dated
		25.06.2021<br>by way of proceedings<br>in
		Rc.540/CHFW/NHM/2020-1.
		In the course of arguments, the attention
		of this Court was drawn to clause No.7 of the
		contract dated 12.01.2019.
		This clause stipulated that if there is any
		dispute or difference of any kind between the
		petitioners and $3rd$ respondent, in connection
		with or relating to the contract, the parties
		shall make every effort to resolve the same

04-08-2021 (Contd..,)

amicably by mutual consultation.

	There is every need to consider such
	methods of alternative dispute resolution and
	the said need has resonated time<br>again with
	the Hon'ble Apex Court as well as this Court in
	various Judgments.
	In<br>the<br>circumstances,<br>I<br>deem<br>it
	appropriate<br>to<br>keep<br>these<br>writ<br>petitions
	pending and direct both the parties to make an
	attempt<br>at<br>resolving<br>their<br>differences<br>and
	disputes by way of mutual negotiations,<br>as
	required<br>under<br>clause<br>7<br>of<br>the<br>agreement
	dated 12.01.2019.
	Accordingly, the representatives of the
	petitioners as well as the representatives of
	respondent Nos.2 and 3, who are authorized to
	take decisions in this matter, shall meet on
	09.08.2021 at the office of the 2nd respondent
	at 11.00 a.m., as the first meeting for resolving
	their disputes.
	The time and venue for all subsequent
	meetings<br>will<br>be<br>decided<br>by<br>the<br>parties
	mutually.

	Post on 25.08.2021 in the 'Motion List'.

	_________<br>RRR, J

	SDP

04-08-2021 (Contd..,)