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2020 Supreme(Ker) 186

S.MANIKUMAR, SHAJI P.CHALY
Centurion Laboratories (Division of Centurion Remedies Pvt. Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Chandrasekhar, Sri. K.K. Mohamed Ravuf, Sri. D. Sreekanth, Shri. Anoop Krishna
For the Respondent: Sri. M. Ajay, Standing Counsel

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ appeal is filed by the petitioners in W.P.(C) No. 30910 of 2018 challenging the judgment dated 19.12.2018, whereby the learned single Judge dismissed the writ petition, thus upholding the order passed by the Medical Corporation of India blacklisting the appellant on account of the suppression of material facts while submitting the contract in the instant case, which was affirmed by the Government in an appeal preferred by the appellant.

2. Brief material facts for the disposal of the writ appeal are as follows:

Appellant, a pharmaceutical company, submitted its tender for the supply of pharmaceutical drugs to the second respondent. Kerala Medical Services Corporation Ltd. (KMSCL) i.e., the second respondent blacklisted the appellant for the reason that Gujarat Medical Services Corporation (GMSCL) and Haryana Medical Services Corporation (HMSCL) had debarred the appellant from participating in their tenders for three years. GMSCL passed a debarring order for the reason that the information given by the appellant in respect of one of the drugs for which the appellant had submitted tender was not in terms of the notice inviting tender. Appellant

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