Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, C.J., JIYA LAL BHARDWAJ
Intas Pharmaceuticals Limited – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. bid validity expired after 180 days from submission. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. respondents claim timely evaluation despite delays. (Para 7 , 8) |
| 3. court enforces strict 180-day bid validity period. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. debarment requires prior show-cause notice. (Para 15 , 16 , 17 , 18) |
| 5. order quashed; emd refunded to petitioner. (Para 19 , 20) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
The petitioner, by way of present petition, has challenged the order dated 21.03.2025 (Annexure P-6), whereby respondent No.2 has forfeited amount of the Earnest Money Deposit (EMD) of the petitioner-firm and further debarred it from participating in the tender of the Department of Health & Family Welfare Government of Himachal Pradesh for a period of three years. Further, directions were also issued to the Indenting Officer not to issue supply orders to the petitioner-firm and initiate action as per Clause 5 of the tender document.
2. Precisely, the facts of the case are that the respondents-State initiated tender process vide Annexure P-1 for inviting applications for supply of medicines and drugs for the period of a rate contract of one year and the last date of which wa
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.
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 requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
Debarment or blacklisting must be proportionate to the default committed by the bidder. Proper reasons must be provided for blacklisting, and the principles of natural justice must be followed. Black....
The principle of natural justice requires that the affected party be given a reasonable opportunity to defend themselves, and any proposed penalty/action should be mentioned specifically and unambigu....
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
