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2023 Supreme(Del) 907

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Allengers Medical Systems Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr Vineet Jhanji & Mr. Imran Moulaey, Advocates, for the Petitioner.
Mr. Vikram Jetly, CGSC with Ms. Shreya Jetly & Mr. Alok Singh, Advocates & Mr. R..M. Tripathi, Government Pleader for R-1.
Mr. Tapas Ram Misra & Mr. Abhimayu Thangal, Advocates for R-2.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The instant petition has been filed under Article 226/227 of the Constitution of India seeking issuance of a writ of certiorari for quashing/setting aside of the decision dated 24.08.2022 issued by the Directorate General Armed Forces Medical Services (DGAFMS), i.e. Respondent No.1, whereby Trivitron Healthcare Private Limited, i.e. Respondent No.2, was declared as the L1 bidder in terms of e-Tender dated 13.05.2021.

2. The facts, in brief, leading to the instant petition are as under:

a) It is stated that the Petitioner herein is a manufacturer and exporter of various medical diagnostic equipment such as X-Ray systems, Digital Radiography systems, Digital Mammography, etc. It is stated that a Notice Inviting Tender was issued by the Respondent No.1 on 13.05.2021 under the aegis of the Ministry of Defence for the procurement of 32 pieces of C-Arm Fluoroscope X-Ray Machines. Bidders with a minimum average annual turnover of Rs. 400 lakhs and an OEM average turnover (last three years) of Rs. 850 lakhs were eligible to apply. With regard to the product/service specification, a pre-bid query was raised by the Petitioner herein on 15.05.2021. The

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