JUDGMENT :

VIPIN SANGHI, J.

1. The petitioner has preferred the present petition to assail the letter/ order dated 03.08.2021 passed by the respondent authority informing the petitioner of the rejection of its Bid in response to E-Tender Enquiry No. U- 25/12/142C-146C/2019– Med.V for DG ESIC rate Contract No. 142C for supply of Drugs for use of ESI institutions all over the country.

2. The petitioner also seeks a direction to set aside the decision of the respondents contained in their communication dated 06.07.2021, as being non-jurisdictional, predetermined, and arbitrary. Petitioner seeks a further direction to the respondents to issue the Letter of Award to the petitioner in terms of the aforesaid E-Tender Enquiry for supply of drugs for use in ESI Institutions in the country.

3. The case of the petitioner is that the petitioner is an Indian Company, and is a subsidiary of the German Company, namely, Ursapharm Germany. Petitioner states that Ursapharm Germany is engaged in the manufacture of, inter alia, the drug Povidone: eye lubricant which is “preservative free” and “phospha