M/S Medipol Pharmaceuticals Pvt. ... vs State Of Gujarat
2023 Latest Caselaw 6225 Guj

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    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 ?

=============================================
              M/S MEDIPOL PHARMACEUTICALS PVT. LTD.
                             Versus
                        STATE OF GUJARAT
=============================================
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
=============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
      SUNITA AGARWAL
      and
      HONOURABLE MR. JUSTICE ANIRUDDHA P.
      MAYEE


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     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

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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

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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

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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

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this Court. The writ petition is dismissed. Notice is

discharged.

Sd/-

(SUNITA AGARWAL, CJ )

Sd/-

(ANIRUDDHA P. MAYEE, J.) Bharat