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Overseas Healthcare Pvt. Ltd. – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Aravind Kumar, J.
1. Petitioner has sought for the following reliefs :
B. Your Lordships may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus, or any other appropriate writ, order or direction, quashing and setting aside the impugned Risk Purchase Recovery Orders annexed at Annexure-A (Colly.) of the petition issued by respondent No.2 as the same being arbitrary, illegal and dehors the terms and conditions of the tender, terms and conditions for Acceptance Letter, Agreement dated 28.11.2018 and Rate Contract dated 01.05.2019;"
2. Brief background of the case are :
2.1 Second respondent having monopoly in the State of Gujarat to procure and supply drugs and surgical items to the Government hospitals throughout the State of Gujarat, invited online tender on 17.04.2018 from manufacturers/direct importers for purchase of tablets, capsules, injection, miscellaneous and surgical items. In response to the same, petitioner submitted its tender for Item Code No.1071 i.e. 'Droxycycline Capsules 100mg' by submitting its technical and commercial bid. On account of petitioner not being L1, it was
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