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2018 Supreme(Pat) 252

VIKASH JAIN
Medipol Pharmaceutical India Private Limited – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Petitioner:Mr. Chittranjan Sinha, Sr. Advocate, Mr. Pritish Kumar Lal, Mr. Sanjeev Kumar, Mr. Rajeev, Advocates.
For the Respondent:Mr. Lalit Kishore, Mr. Prabhat Kumar Singh, Advocate, Mr. Ramadhar Singh, GP-25

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order as contained in F.N.:BMSIC/40025/27-2014/2194 dated 05.10.2016 whereby the respondent-Corporation has blacklisted the petitioner company with immediate effect for five years.

3. The short facts of the case according to the petitioner are that pursuant to the Notice Inviting Tender (NIT) issued by the Bihar Medical Services and Infrastructure Corporation Limited (hereinafter referred to as ‘the Corporation’), the petitioner company participated and was declared eligible in respect of 41 items, and an agreement was duly entered into between the parties. Subsequently, in the backdrop of the order dated 24.07.2014 passed by this Court in C.W.J.C. No. 2305 of 2014 (Md. Shahnawaz Ali Vs. The State of Bihar & Ors.) being a Pubic Interest Litigation wherein it had been alleged that there was a phenomenal increase in the rate of the medicines procured by the Corporation in comparison to the rates at which the Bihar Health Society has been making such purchases, the Government appointed Dr. K.K. Singh Committee, and, later on, Sri Anand



















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