NEUTRAL CITATION
C/SCA/12701/2023 JUDGMENT DATED: 24/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12701 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL Sd/-
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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1 Whether Reporters of Local Papers may be No
allowed to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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M/S MEDIPOL PHARMACEUTICALS PVT. LTD.
Versus
STATE OF GUJARAT
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Appearance:
MR CHINTAN POPAT WITH
MR DILIP L KANOJIYA(3691) for the Petitioner(s) No. 1
MR UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER
for the Respondent(s) No. 1
MR MITUL K. SHELAT WITH
MS DISHA N NANAVATY(2957) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P.
MAYEE
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NEUTRAL CITATION
C/SCA/12701/2023 JUDGMENT DATED: 24/08/2023
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Date : 24/08/2023
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The instant writ petition is directed against the decision of rejection of tender document, disqualifying the petitioner from tender process, by intimating him vide letter dated 4.5.2023 about the infirmity in the tender document.
2. To assail the decision of the respondent in rejecting the tender document, in the technical bid, it is submitted by the learned counsel for the petitioner that the infirmities in the original tender submitted by the petitioner, pointed out in the letter dated 4.5.2023, have been duly removed by the petitioner while submitting reply vide letter dated 5.5.2023. The attention of the Court is invited to four reasons, given in the letter dated 4.5.2023, for rejection of the tender document. A comparative chart of the documents submitted by the Page 2 of 6 Downloaded on : Sun Sep 17 02:18:48 IST 2023 NEUTRAL CITATION C/SCA/12701/2023 JUDGMENT DATED: 24/08/2023 undefined petitioner along with the letter dated 5.5.2023 has been placed before us to contend that after submission of the necessary documents, first with the original tender and further with the letter dated 5.5.2023, the act of the respondent in rejecting the tender disqualifying the petitioner at the technical stage, is illegal.
3. Considering the above submissions, suffice it to note that as per the terms and conditions of the tender, turnover for the year 2021-22 as per the tender condition No. D (3)(a) was required to be submitted with the original tender. Admittedly, the said detail was not provided by the writ petitioner. It is pointed out by the learned counsel for respondent No.2 that in the original writ petition, there is no whisper about issuance of the corrigendum to amend the tender condition No. D 3(a) asking for the turnover for the year 2021-22. Thus, at the time of admission in the instant petition, the petitioner by giving a wrong impression to this Court, by concealment of the issuance of corrigendum, that he fulfilled the requirement of tender condition No.3(a), has succeeded Page 3 of 6 Downloaded on : Sun Sep 17 02:18:48 IST 2023 NEUTRAL CITATION C/SCA/12701/2023 JUDGMENT DATED: 24/08/2023 undefined in getting the writ petition admitted.
4. With regard to reason No.2 about production capacity details having not been given in Annexure-B, i.e. as per tender condition No. D 4(o), it may be noted that from the original tender document appended at pages '60' and '61' of the paper book, it indicates that the petitioner had left said annexrue blank and with regard to condition No.12 Vii(b), the capacity certificate submitted along with the original tender document was of the year 2014.
5. With regard to debarment details as required in Annexure-IX as per tender condition No.F-9(i), we may note that though in the concerned document, there is a declaration on the part of the petitioner that there was no debarment with respect to requirement of the said Annexure-IX, but from the original tender document of self-declaration in Annexure-IV, it can be seen that the petitioner made a contrary statement with regard to the status of debarment. On one hand, he has stated that the Page 4 of 6 Downloaded on : Sun Sep 17 02:18:48 IST 2023 NEUTRAL CITATION C/SCA/12701/2023 JUDGMENT DATED: 24/08/2023 undefined petitioner firm had never been debarred / blacklisted during the tender period for the non-supply of quality drugs, but on the other, it was stated therein that the firm was blacklisted / de-registered and in the arbitration proceedings, the order of blacklisting in the case of PMBI could not be sustained and revoked. It was further stated that in the arbitration proceedings of GMSD which was going on with the Arbitrator, as per the conditions of the tender, the debarment or de-registration order is kept under abeyance, with the invocation of arbitration clause, till the final award was passed.
6. From the above noted declaration made by the petitioner with the original tender document, it is to be noted that the requirements of tender, as pointed out in the letter dated 4.5.2023, had not been fulfilled. The reasons for rejection of the tender given in the communication dated 4.5.2023, are found to be substantiated from the original tender document submitted by the writ petitioner with the draft amendment itself. No case is made out for interference of Page 5 of 6 Downloaded on : Sun Sep 17 02:18:48 IST 2023 NEUTRAL CITATION C/SCA/12701/2023 JUDGMENT DATED: 24/08/2023 undefined this Court. The writ petition is dismissed. Notice is discharged.
Sd/-
(SUNITA AGARWAL, CJ ) Sd/-
(ANIRUDDHA P. MAYEE, J.) Bharat Page 6 of 6 Downloaded on : Sun Sep 17 02:18:48 IST 2023