The Karnataka High Court
Credit: DH file photo
Bengaluru: The Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to settle the undisputed bills of BGS Global Institute of Medical Sciences and Vijayalakshmi Diagnostics Private Limited towards RT-PCR tests conducted during the Covid-19 pandemic, between 2020 and 2022.
Justice SR Krishna Kumar passed this order on separate petitions and also directed the BBMP to clear the bills with 6 per cent interest.
The court directed payment of Rs 5,88,91,359 with 6 per cent interest per annum from November 11, 2022, till the date of payment in favour of Vijayalakshmi Diagnostics Private Limited, Bengaluru; and payment of Rs 4,53,50,711 with 6 per cent interest per annum from October 17, 2022, till the date of payment to BGS Global Institute of Medical Sciences, Bengaluru.
The petitioners contended that they had provided RT-PCR testing services on a 24x7 basis by procuring kits, chemicals, lab consumables and other running costs, and by providing doctors and nurses during the pandemic exigency. They further submitted that the BBMP failed to clear the dues despite filing representations.
On the other hand, the BBMP admitted that amounts were due to the petitioners in respect of services provided during the pandemic.
It was further submitted that the Covid Enquiry Commission of Justice John Michael Cunha (retired High Court judge) had rejected the BBMP’s request for release of the payment. In response, the petitioners contended that the unpaid dues were not the subject matter of the enquiry.
Justice Krishna Kumar noted that the BBMP itself had admitted to availing the services of the petitioners during the pandemic in accordance with the conditions imposed by the state government and the Indian Council for Medical Research (ICMR), and also to the amounts payable to them.
“The abstract of the expenditure details submitted to the commission do not disclose any such dues towards RT-PCR tests or hearse van services. In the instant case, it is an undisputed fact that the claim of the petitioner, which has been admitted by the BBMP towards non-payment of dues in relation to the RT-PCR tests conducted by the petitioners, are clearly not the subject matter of the enquiry before the Covid Enquiry Commission,” the court said.