Uttarakhand High Court
S.S. Medical Systems India Pvt. ... vs Union Of India & Ors on 23 June, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (M/S) No. 1230 of 2022
S.S. Medical Systems India Pvt. Ltd. .....Petitioner
Versus
Union of India & Ors. .....Respondents
Present:
Ms. Pushpila Bisht and Ms. Menka Tripathi, the learned counsel
for the petitioner.
Ms. Monika Pant, the learned Standing Counsel for Union of India.
Date of hearing : 23.06.2022
Coram: Sri S.K. Mishra, ACJ.
Sri R.C. Khulbe, J.
Upon hearing the learned counsel for the parties, this Court made the
following judgment: (Per: Sri S.K.Mishra, ACJ.)
At the very outset Ms. Monika Pant, the learned
counsel for the Central Government would submit that
in view of the Clause 16.2 (vii) and 17 (iii), the Courts
in Uttarakhand have no jurisdiction and only Court at
Puducherry has jurisdiction. However, we have carefully
examined the document which is in the name and style
of General Terms and Conditions on GeM 4.0 (1.1) and
found that this document is a technical record and shall
act as valid agreement between seller-service
provider/buyer. The same document at clause 2.g
defines seller/service provider as follows:-
g. Seller/service provider on GeM shall mean any
legal entity such as firm(s) of
Proprietorship/Partnership Firm/Limited Liability
Partnership/Private Limited/Limited company/
Society registered under Society's Act/Statutory
Bodies etc., registered on GeM to sell its Good(s)
Service(s) to the Buyers registered on GeM.
The seller on GeM will be either OEM (Original
Equipment Manufacturer) or seller having
authorization to sell products manufactured by the
OEM in open market or licensed manufacturer under
Drugs & Cosmetic Act, 1940.
OEM is the owner of the Brand/Trademark of
the product being offered or in case of un-registered
brand's products/products with own brand, the actual
manufacturer of the final product. To be recognized
as on OEM on GeM, seller has to get Vendor
Assessment Report from designated agency (unless
exempted as per GeM VA policy) as per due process
of vendor assessment notified on GeM portal (which
would include production of documentary evidences
and demonstration of manufacturing facilities and/or
capabilities as required).
In case of services related to Goods, Service
Provider on GeM will be either OEM or Service
Provider having authorization to Service products
manufactured by the OEM in open market. In respect
of other services, Service Provider on GeM will be on
legal entity offering its services.
By registering on GeM portal, Seller/Service
Provider hereby agrees to be bound by these General
Terms and Conditions for Sale/Purchases of Goods
and/or Services (GTC); Product/Service Specific
Special Terms and Conditions(STC) and Service Level
Agreements (SLAs) for various services; and
Additional (Bid Specific) Terms and Conditions (ATC)
as applicable. For the purpose of this document and
transactions on GeM, seller as well as Service
Provider will be referred to as "Seller".
2. It does not include GeM itself. The main prayer or
the grievance of the petitioner is against the decision of
the GeM. It is borne out from the record that upon
cancellation of the order by respondent no. 4-
Jawaharlal Institute of Postgraduate Medical Education
and Research, the GeM uploaded the notice against the
petitioner. The petitioner filed show cause online but
without resorting any kind of discussion of the objection
raised or cause shown by the petitioner its account has
been suspended.
3. In that view of the matter, issue notice to
respondent no. 3 and 4. Postal requisites for issuance
of notice be filed within seven days. Notice issued
returnable within four weeks.
4. It may be noted here that on the last date of
listing Mr. B.D. Pande, learned counsel undertook to
appear on behalf of the private respondent .However,
today he submits that private respondent no. 2 have
not instructed to appear in this case. However, when
we dictating the order, Mr. Harshit Sanwal, learned
counsel holding brief of Mr. B.D. Pande would submit
that they have received information from GeM that they
are sending their vakalatnama and it will be received in
a day or two. As far as merit of the case is concerned,
they have no instructions.
5. Finding, prima facie, case of non compliance of
principle of justice, in view of the fact that there is no
discussion on the cause shown by the petitioner, we
direct that the order impugned i.e. order dated
30.05.2022, suspending the account of the petitioner is
hereby stayed.
6. List this matter after five weeks.
Urgent certified copy of this order be provided as
per rules.
(Sanjaya Kumar Mishra, ACJ.)
(Ramesh Chandra Khulbe, J.)
PV
