JUDGMENT :

Navin Chawla, J.

CM 39443/2019

Exemption allowed, subject to all just exceptions.

WP(C) 9580/2019 & CM 39442/2019

1. By the present petition, the petitioner challenges the order dated 14.08.2019, issued by the respondent no.2 whereby the petitioner has been suspended from being eligible for submitting any bid for contracts with the Government of NCT of Delhi for a period of three years from 22.07.2019.

2. The brief facts giving rise to the Impugned Order are that the petitioner had submitted a bid pursuant to the Tender bearing No.17_03 for Piperacillin 4 gm+Tazobactum 500 mg 4.5 gm, Vial Item Code 4000491.

3. The said bid was accepted by the respondent no.2 on 02.11.2017. However, by the letter dated 09.11.2017, the petitioner withdrew its bid stating that it had quoted the price of Rs.70.50 for item code 4000491 without GST. It also stated that as per the tender conditions, it was ready to pay the amount of Earnest Money Deposit (EMD) for the above product.

4. The respondent no.2 considered the request of the petitioner and by the letter dated 30.05.2018, called upon the petitioner to deposit a sum of Rs.6,58,854/- as EMD which shall be forfeited by the respondents. This amoun