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Gauhati High Court
M/S Protech Telelinks vs The State Of Assam And 3 Ors on 18 December, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010283562025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7345/2025
M/S PROTECH TELELINKS
REPRESENTED BY ITS AUTHORISED SIGNATORY BHUPINDER PAL SINGH,
HAVING ITS REGISTERED OFFICE AT SCO-104, SECTOR 17, HUDA
JAGADHRI, YAMUNA NAGAR- 135001, HARYANA AND ITS FACTORY
PREMISES AT VILLAGE- MAUZA OGLI, SUKETI ROAD, KALA AMB,
DISTRICT- SIRMOUR, HIMACHAL PRADESH- 173030
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,
GUWAHATI, PIN-781006, ASSAM.
2:ASSAM MEDICAL SERVICES CORPORATION LIMITED
REPRESENTED BY THE MANAGING DIRECTOR
HAVING ITS REGISTERED ADDRESS AT CENTRAL DRUG WARE HOUSE
CAMPUS
PATHERQUERY
NARENGI
GUWAHATI
ASSAM
PIN- 781026
3:THE MANAGING DIRECTOR
ASSAM MEDICAL SERVICES CORPORATION LIMITED HAVING ITS
REGISTERED ADDRESS AT CENTRAL DRUG WARE HOUSE CAMPUS
PATHERQUERY
NARENGI
GUWAHATI
ASSAM
PIN- 781026
Page No.# 2/5
4:THE GENERAL MANAGER
PROCUREMENT
QC
IT
LOGISTICS
ASSAM MEDICAL SERVICES CORPORATION LIMITE
Advocate for the petitioner(s): Mr. GN Sahewalla, Senior Advocate
Mr. M Sahewalla
Advocate for the respondent(s): Mr. DP Borah, Standing Counsel, Health
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
18.12.2025
Heard Mr. GN Sahewalla, the learned Senior Counsel, assisted by Mr. M
Sahewalla, the learned counsel appearing on behalf of the petitioner.
2. Issue notice making it returnable on 09.01.2026.
3. Mr. DP Borah, the learned counsel accepts notice on behalf of the
respondent Nos.1, 2, 3 and 4.
4. The petitioner herein has assailed the communication dated 15.11.2025,
whereby the petitioner Firm had been debarred by a Firm Debarment Notice for
a period of 3(three) years from the date of issuance of the said letter as per
referred Tender Clause No.5, Sub-Clause-H. Pt.no.(ii), Pt.no.(iii), & Sub Clause-
M for default in supply of 13 Nos. of essential drugs against 17 Nos. of Purchase
Orders, details of which has been given in Annexure-A to the impugned
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communication.
5. The learned Senior Counsel appearing on behalf of the petitioner submitted
that a perusal of Clause 5.H(i) would show that if the supply in question is
above 90% or more, the question of product debarment cannot take place. He
further submitted that without there being a product debarment, the question of
going to firm Debarment in terms with Clause 5H(ii) also does not arise.
6. The learned Senior Counsel drew the attention of this Court to the various
purchase orders and the supply which has been made as would be available
from the Material Receipt Certificate of the supply so made. The learned Senior
Counsel, therefore, submitted that the impugned communication has been
issued without proper application of mind and in any view of the matter, the
said communication cannot be sustained in law and also as per the terms and
conditions of the contract.
7. Per contra, Mr. DP Borah, the learned counsel for the Health Department
submitted that the petitioner in the instant case was issued various purchase
orders in respect to 17 Nos. of essential drugs. Referring to Annexure-A to the
impugned communications, the learned counsel submitted that the period within
which the supply is required to be made is 75 days. But there are instances,
where the petitioner had not supplied for more than 2(two) years. Under such
circumstances, without first giving an opportunity to the respondents to
ascertain to counter the statements as well as the enclosures to the writ
petition, this Court may not pass any interim directions.
8. Mr. DP Borah, the learned counsel appearing on behalf of the Health
Department also submitted that passing any interim directions thereby staying
the impugned communication would amount to granting the final relief, that too,
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without an opportunity to the respondents.
9. This Court had given an anxious consideration as to whether any interim
directions can be passed today in the present facts and circumstance.
10. It is the opinion of this Court that taking into account the various
submissions made by the learned counsels appearing on behalf of the parties,
an opportunity has to be given to the respondents to bring on record their stand
before passing any interim directions.
11. In fact, it is the opinion of this Court that the instant matter is required to be
disposed of as early as possible, taking into account that the matter pertains to
supply of essential drugs. Accordingly, this Court directs the respondents to
bring on record their stand by filing their affidavit on or before 07.01.2026.
12. Mr. GN Sahewalla, the learned Senior Counsel further submits that in view of
a recent judgment of this Court rendered in Nestor Pharmaceuticals Ltd. & Anr.
Vs. the State of Assam & Others (WP(C)No.6735/2025) on 11.12.2025, the
petitioner would also like to file additional pleadings. Such additional pleadings
be filed on or before 05.01.2026 by providing advance copies to Mr. DP Borah,
the learned Standing Counsel, Health Department on or before 29.12.2025.
13. On the next date fixed, this Court may consider passing of interim
directions, if the writ petition cannot be taken up for disposal.
14. Before parting, this Court also finds it pertinent to observe that this Court in
a writ petition raising similar issues had passed the judgment and order dated
11.12.2025 in WP(C)No.6735/2025 wherein the learned counsel appearing on
behalf of the respondents herein today was also present. Under such
circumstances, liberty is given to the respondents to take a call in respect to the
impugned Firm Debarment Notice pending the next date, taking into
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consideration the said judgment.
JUDGE
Comparing Assistant
