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2022 Supreme(Del) 716

VIPIN SANGHI, JASMEET SINGH
MDC Pharmaceuticals Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhishek Sethi, Ms. Richa Sethi, Mr. Garvit Kalra and Mr. Jeevesh Mehta.
For the Respondent: Mr. Bhagvan Swarup Shukla and Mr. Sarvan Kumar, Mr. Shlok Chandra, ESIC with Mr. Shrey Chakraborty, Mr. Vibhor Garg and Mr. Sidhant Bhatia.

JUDGMENT :

1. The present petition has been filed by the petitioner seeking substantially the following prayers:

    “i. To issue a writ of in the nature of certiorari or any other writ or direction for declaring the e-mail dated 06.07.2021 issued by respondent No. 4, whereby the bid of the petitioner company has been summarily rejected with a malafide intention to award the tender to a company of their choosing as illegal, arbitrary, unconstitutional, null and void-ab-initio and is liable to be quashed and set aside;

ii. And a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing the respondents to consider the financial bid of the petitioner on merits to match the lowest bid as would be made by the successful bidder in the tender under consideration;

iii. Or in alternative pass any Writ Petition Under Article 226 Of Constitution Of India For The Issuance Of Writ Of Mandamus Or Any Other Appropriate Writ, Order Or Direction thereby directing the Respondent to desist from opening the financial bids of other contenders and/or to desist from a

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