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2020 Supreme(Del) 1021

NAVIN CHAWLA
Rhonpal Biotech Pvt Ltd – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates Appeared:
Jayant Mehta, Advocate, Tejaswi Shetty, Advocate, Anu Shrivastava, Advocate, Vedika Pareek, Advocate, Noopur Singhal, Advocate, Anil Grover, Advocate, Mishal Vij, Advocate, Satish Kumar, Advocate

JUDGMENT

Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 21.02.2020 passed by the respondent no.2, blacklisting the petitioner from participating in all procurements of the New Delhi Municipal Council (NDMC), New Delhi, for a period of two years from the date of issuance of the said order and further forfeiting the Earnest Money Deposit (EMD) of the petitioner.

2. The respondent no.2 had floated an e-tender dated 23.11.2017 vide tender ID No.2017_NDMC_140709_1/2/3/4 for "Annual Purchase of Ayurvedic Medicines" for the year 2017-18. The last date of submission of tender was 18.12.2017.

3. Clause 15 of the terms and conditions of the Tender Notice required the tenderer to hand over two samples of the medicines against each items /medicine group quoted (A1, A2, B1, B2) along with the original/attested copy of the Test Reports issued from the Government approved /NABL Accredited testing laboratory of each item quoted.

4. The petitioner submitted its bid on 18.12.2017, which was the last date of submissions of the bids, along with the samples of the medicines and test reports issued by one Devansh Testing & Research Laboratory Pvt. Ltd.

5. Th

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