Sangrose Laboratories Pvt. Ltd vs State Of Kerala
2021 Latest Caselaw 5436 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.3798 OF 2021(Y)


PETITIONER:

               SANGROSE LABORATORIES PVT. LTD.
               INDUSTRIAL ESTATE, KALLIMEL P.O, MAVELIKKARA,
               REPRESENTATED BY ITS MANAGING DIRECTOR

               BY ADV. SRI.VINCENT JOSEPH

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO THE GOVERNMENT, HEALTH
               AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001

      2        THE MANAGING DIRECTOR,
               KERALA MEDICAL SERVICE CORPORATION LTD, THYCAUD P.O,
               THIRUVANANTHAPURAM, PIN-695 014



               ADV.SMT.VINITHA.B, GP
               ADV.SRI.M.AJAY,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3798 OF 2021(Y)

                                       2




                                 JUDGMENT

Dated this the 15th day of February 2021

The petitioner is aggrieved by Ext.P14

order by which it is black listed for a period

of three years.

2. Adv.Sri.M.Ajay, the learned Standing

counsel appearing for the 2nd respondent points

out that there is a provision for appeal under

Clause 6.39 of Ext.P1 tender conditions.

3. Therefore, it is open to the

petitioner to approach the Appellate authority

in tune with Clause 6.39. In case the

petitioner submits an appeal within a period of

one week, the 1st respondent shall consider the

same and pass appropriate orders after

affording an opportunity of hearing to the

petitioner and the 2nd respondent within a

period of one month from the date of receipt of WP(C).No.3798 OF 2021(Y)

a copy of the judgment. In case the petitioner

submits a petition for stay of operation of

Ext.P14, the orders shall be passed within a

week.

Sd/-

P.V.ASHA JUDGE WP(C).No.3798 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF E-

TENDER NO.KMSCL/GRG/ED/I AND II/RC/2019/011 DATED 12.11.2019 FOR THE PURCHASING AZITHROMYCIN TAB.

EXHIBIT P2 TRUE COPY OF LETTER OF INTENT NO.KMSCL/DRG/ED/871/2019 REQUESTING THE PETITIONER TO SUPPLY THE MEDICINE NAMED AZYTHROMYCIN TAB.500 MG.

EXHIBIT P3 TRUE COPY OF PURCHASE ORDER ON 12.03.2020 BEARING NO.KMSCL/D- 1/00303/20-21 ISSUED BY 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 17.03.2020.

EXHIBIT P5 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 08.04.2020.

EXHIBIT P6 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.05.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 12.06.2020.

EXHIBIT P8 TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 26.06.2020.

EXHIBIT P9 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 03.07.2020.

EXHIBIT P10 TRUE COPY OF THE MEMORANDUM NO.F 18/4/2020-PPD ISSUED BY MINISTRY OF FINANCE, GOVERNMENT OF INDIA.

EXHIBIT P11 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.07.2020 ISSUED BY THE 2ND WP(C).No.3798 OF 2021(Y)

RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPLY LETTER DATED 27.07.2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 05.08.2020 IN W.P.(C) NO.15874/2020 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P14 TRUE COPY OF ORDER NO.KMSCL/DRG/ED/I &II/200-SLP/2020,THIRUVANANTHAPURAM DATED 29.11.2020 ISSUED BY THE KERALA MEDICAL SERVICES CORPORATION LIMITED, THIRUVANANTHAPURAM.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE