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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Nestor Pharmaceuticals Limited, Represented By, Mr. Dilip Kumar Padhy – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam – Respondent
| Table of Content |
|---|
| 1. court's observations on the contractual obligations and legal framework (Para 1 , 3 , 26 , 27 , 30 , 31 , 32 , 33 , 34 , 35) |
| 2. details of the bidding process and debarment (Para 2 , 4 , 14 , 15 , 20 , 21 , 22) |
| 3. arguments against the debarment notice by petitioners (Para 23 , 24 , 25) |
| 4. legal standards for product and firm debarment (Para 36 , 37 , 38 , 39 , 41 , 42) |
| 5. conclusion and orders of the court (Para 48) |
JUDGMENT :
DEVASHIS BARUAH, J.
1.Heard Mr. M. Goswami, the learned Senior counsel assisted by Mr. R. Singha, the learned counsel appearing on behalf of the Petitioners and Mr. D. P. Borah, learned Standing counsel for the Health Department appearing on behalf of all the Respondents.
2. The present writ petition has been filed by the Petitioners challenging the Debarment Notice bearing No.588121/20193 dated 17.11.2025 whereby the Respondent Authorities have blacklisted and debarred the Petitioner No.1 from participating in any tender for three years from the date of issuance of the said letter in terms with Clause 5, Sub-Clause H, Pt. No.(ii), Pt. No.(iii) and Sub-Clause-M for default in supply of four numbers of essential drugs against four numbers purchase
The court ruled that product debarment must precede firm debarment within procurement frameworks, thereby invalidating the debarment notice due to failure to follow proper procedures in the contract ....
Firm debarment from public contracts requires prior actionable product debarment, ensuring compliance with procedural norms.
A Firm Debarment Notice is invalid if issued by an unauthorized party and violates the principles of natural justice by considering factors not stated in the initial notices.
Tender clauses permit EMD forfeiture and contract cancellation without notice for failing performance security; debarment requires specific prior show cause notice per natural justice principles due ....
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
Tender bid valid 180 days from submission; post-expiry forfeiture of EMD and debarment invalid without extension. Debarment requires prior show cause notice per natural justice principles.
Point of Law : Order to fulfill the requirements of principles of natural justice, a show cause notice should meet the twin requirements viz. [i] the material/grounds to be stated which according to ....
A debarment order is not justified if the party being debarred has not violated any contractual obligations, the apprehensions of the other party are not material considerations, the debarment order ....
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