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2017 Supreme(J&K) 856

TASHI RABSTAN
Himalaya Research Laboratory – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :U.K. Jalali, Senior Advocate and Shivani Jalali, Advocate.
For the Respondent: H.A. Siddiqui, Sr. A.A.G.

JUDGMENT :

TASHI RABSTAN, J.

1. Director General of Indian System of Medicines-Respondent No. 2, issued e-Tender Notice No. DISM/Medicines/01 of 2016 for supply of classical Ayurvedic and Unani Medicines for the year 2015-16 and second e-Tender No. DISM/Medicines/02 of 2016 for supplying proprietary/patent Ayurvedic and Unani Medicines. Tenders in both Notices were invited from original manufacturers, registered with Health and Medical Education Department/Directorate of Indian System of Medicines. One of the conditions of e-Tender notices is Clause 16, specifying that if any issue/dispute arises during course of supply between supplier and purchaser that shall be decided by Purchasing Committee for Directorate of Indian System of Medicines, J & K, whose decision shall be final and binding upon the parties and any other condition not indicated in the tender can be incorporated in the supply order or agreement at any point of time if need arises which will be binding on the parties. Petitioner, amongst others, responded to above e-Tenders. Respondent No. 2, after petitioner's successful qualification, issued supply orders dated 2nd September, 8th November and 21st November 2016 (Annex






















































































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