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2023 Supreme(Del) 3355

SUBRAMONIUM PRASAD
Basant Goel – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Vivek Sood, Sr. Advocate with Mr. Rupesh Tyagi, Mr. Saurabh Aggarwal, Advocates , for the Petitioner.
Mr. Chetan Sharma, ASG with Ms. Arunima Dwivedi, Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr. Vikram Aditya Singh, Ms. Pinky Pawar, Mr. Aakash Pathak, Advocates for Union of India.
Mr. H.S. Phoolka, Sr. Advocate with Mr. Vinay Kumar Dubey, Mr. Prateek Tiwari, Ms. Priya Dubey, Ms. Surpreet Kaur, Mr. Mandeep Singh, Advocates for Intervenors-M/s Kaushik Medical Store & M/s Gandhi Medicos.
Mr. Abhinav Agnihotri, Mr. Divesh Sawhney, Advocates for Intervenor-Prakash Medicos.
Ms. Ritu Bhalla, Mr. Siddharth Das, Mr. Jasvinder Sharma, Advocates for Applicant.

JUDGMENT

Subramonium Prasad, J.

1. The present Writ Petition challenges the Order dated 31.05.2023, passed by the Respondent No.3 herein, terminating the Contract Agreement dated 19.08.2020, entered into between the Additional Director, CGHS (HQ) and M/s Goel Medicos against Tender ID No. 2020_DGHS_555011_1 for supply of indented medicines to the CGHS Wellness Centres at Sonipat, and the forfeiture of the Performance Bank Security of Rs.12,10,000/- and also debarring M/s Goel Medicos from participating in any tender or award of contract in any tender published by the CGHS pan India or continuation of any contract with CGHS for a period of two years.

2. Shorn of unnecessary details, the facts, leading to the present Writ Petition are as under:

a. The Petitioner herein is the Proprietor of a Proprietorship concern, namely, M/s Goel Medicos, which carries on business of retail pharmacy, pharmacy distributor and institutional supplier of medical/pharmaceutical products in Delhi-NCR Region. It is stated that M/s Goel Medicos is empanelled with CGHS as Authorized Local Chemist for supplying of Allopathic medicines to three CGHS Wellness Centers, namely, Dilshad Garden, Ghaziabad and Son

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