JUDGMENT :

Deepak Gupta, J.

Delay condoned in Special Leave Petition (C)....CC No(s).9316 of 2017.

2. Leave granted.

3. All the appeals are being disposed of by this common judgment.

4. M/s. Haffkine Bio-Pharmaceutical Corporation Ltd. (hereinafter referred to as “Haffkine”) is a Government of Maharashtra undertaking. It is engaged in the business of manufacture of vaccines and other pharmaceuticals and biological products. One of the main businesses of Haffkine is the manufacture of polio vaccines. It is the admitted case of the parties that oral polio vaccine is manufactured by formulation of various bulk drugs including Monovalent Bulk of Poliomyelitis Type 1 (Oral) Sabin Strain and Monovalent Bulk of Poliomyelitis Type 3 (Oral) Sabin Strain respectively. These drugs are combined and formulated along with other materials by Haffkine and oral polio vaccine is prepared. M/s. Haffkine issued a tender notice on 20.01.2016, for supply of bulk drugs including Monovalent Bulk of Poliomyelitis Type 1 (Oral) Sabin Strain and Monovalent Bulk of Poliomyelitis Type 3 (Oral) Sabin Strain. The