Rajasthan High Court
M/S Siemens Healthcare Private ... vs State Of Rajasthan on 29 July, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7775/2021
M/s Siemens Healthcare Private Limited, Having Its Office At Unit
No. 9A, 9Th Floor, North Tower, Godrej One, Pirojsha Nagar,
Eastern Express Highway, Vikhroli East, Mumbai 400079 Through
Its Authorized Signatory Mr. Ram Ratan Upadhyay.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical
Education Department, Government Of Rajasthan, Main
Building, Secretariat, Jaipur 302005, Rajasthan.
2. Tender Inviting Authority, Through The Office Of The
Principal And Controller Of Sms Hospital And Medical
College Jln Marg, Jaipur 302004 Rajasthan.
3. M/s Wipro Ge Healthcare Pvt. Ltd., Having Its Office At
5Th Floor, Building No. 7A, Dlf Cyber City, Dlf Phase-Iii,
Sector 25 A, Gurgaon 122002, Haryana Through
Managing Director.
4. M/s Erbis Engineering Co. Ltd., Having Its Office At 2E/12,
4Th Floor Jhandewalan Ext, New Delhi 110055, Through
Executive Director.
----Respondents
For Petitioner(s) : Mr. Virendra Lodha, Senior Counsel
with Mr. Abhishek Mehta, Adv.
(through Video Conferencing)
For Respondent(s) : Mr. Shivangshu Naval, Adv.
Mr. Akash Shrivastava, Adv.
Mr. Bharat Saini, Addl. Govt. Counsel.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
29/07/2021
Learned counsel Mr. Shivangshu Naval submits that a caveat
has been filed by him on behalf of respondent No.3 and as such he
(2 of 4) [CW-7775/2021]
requests that copy of writ petition be supplied to him by learned
counsel for the petitioner.
Learned Senior Counsel Mr. Virendra Lodha for the petitioner
may supply copy of writ petition to Mr. Shivangshu Naval, Adv.
Learned Senior Counsel-Mr. Virendra Lodha appearing for the
petitioner submitted that in the present writ petition, the
petitioner is aggrieved by order dated 22.06.2021 whereby
Second Appellate Authority has decided the appeal filed by the
petitioner and the delay in filing the first appeal has been
condoned by the Second Appellate Authority by observing that the
petitioner had rightly filed the appeal within time before the First
Appellate Authority.
Learned Senior Counsel submitted that while passing the
order dated 22.06.2021, the Second Appellate Authority has relied
upon report of a Committee to consider the technical aspects of
the matter and report was submitted on 11.06.2021 to the Second
Appellate Authority and after considering the report of the
Committee, the appeal of the petitioner has been rejected.
Learned Senior Counsel submitted that the Second Appellate
Authority had heard the arguments and concluded the hearing on
31.03.2021 and in absence of the parties, Independent Technical
Committee was constituted by the Second Appeal Authority and
no opportunity was afforded to the petitioner to have the report of
the Technical Committee and as such, the petitioner has been
denied fair opportunity of defending itself before the Second
Appellate Authority.
Learned Senior Counsel also submitted that during pendency
of the first appeal and second appeal before the Authorities, the
(3 of 4) [CW-7775/2021]
interim order was operating and as such the successful bidder has
not been allowed to install the machine in question, till date.
Learned Senior Counsel submitted that some interim
protection is required by this Court.
Learned counsel Mr. Shivangshu Naval appearing on behalf of
respondent No.3 submitted that after dismissal of first appeal of
the petitioner vide order dated 24.02.2021, there was no interim
order and only an order was passed by the First Appellate
Authority on 17.03.2021 of not proceeding in the matter during
pendency of the second appeal.
Learned counsel for the respondent No.3 submitted that the
order passed by the First Appellate Authority staying the further
proceedings while matter was sub judice before the Second
Appellate Authority, cannot be justified and a correct order, and as
such, there was no interim order by the Second Appellate
Authority.
Learned counsel for the respondent No.3 further submitted
that the petitioner did not have any right to appear before the
Technical Committee and as such no prejudice be caused to them.
This Court, prima faice, finds that the Second Appellate
Authority has passed the order after reserving the judgment on
31.03.2021 and while passing the final order on 22.06.2021, the
report of Independent Technical Committee has also been
considered and copy of same was not supplied to the petitioner.
The matter requires consideration.
This Court also finds that the issue is in respect of supplying
Turnkey project of DSA (Digital Subtraction Angiography) Machine
in SMS Medical College.
(4 of 4) [CW-7775/2021]
This Court further finds that the matter can be decided by
serving copy of writ petition to the official respondents.
Learned Senior Counsel-Mr. Virendra Lodha is directed to
serve copy of writ petition in the office of Dr. Vibhuti Bhushan
Sharma, Addl. Advocate General.
Learned Addl. Govt. Counsel-Mr. Bharat Saini is also present
in the Court who says that he represents the Medical Department
also.
Registry is directed to show names of Dr. Vibhut Bhushan
Sharma, Addl. Advocate General, Mr. Shivangshu Naval and Mr.
Bharat Saini, Addl. G.C., in the cause-list.
Notices may be given 'dasti' to learned counsel for the
petitioner to serve in the office of Dr. Vibhuti Bhushan Sharma,
Addl. Advocate General.
Notices may also be issued to the respondent No.4,
returnable on 05.08.2021. Notices be given 'dasti' if prayed.
This Court, as an interim measure, deems it proper to
restrain the official respondents to permit the respondent No.3 to
install the DSA (Digital Subtraction Angiography) Machine, till the
next date.
List this case on 05.08.2021.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Monika
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