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2020 Supreme(Mad) 2198

AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY
Chairman, Tamil Nadu Medical Services Corporation Ltd. – Appellant
Versus
Jackson Laboratories Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.M. Shivakumar for Shivakumar and Suresh
For the Respondent: P. Ramesh Kumar

JUDGMENT :

Senthilkumar Ramamoorthy, J.

1. The subject matter of this writ appeal is the order of black listing dated 12.12.2017 whereby the first Respondent herein was black listed for a period of five years from 05.12.2017 to 04.12.2022 for the supply of a spurious drug, namely, specific batches of Carbimazole tablets I.P. 5 mg. The Appellant is the Tamil Nadu Medical Services Corporation Limited which issued the blacklisting order.

2. The facts and circumstances related to the filing of this appeal are as follows. The Appellants are a Government of Tamil Nadu undertaking which is engaged in the procurement and supply of drugs and medical equipment to Government Hospitals in the State of Tamil Nadu. Pursuant to purchase orders issued to the first Respondent herein, the first Respondent supplied Carbimazole Tablets I.P. 5 mg. during the period 2016 - 2017. Upon testing, the Appellants found that specific batches of the aforesaid tablets were not of standard quality. Therefore, a show cause notice dated 02.08.2017 was issued to the first Respondent. By the show cause notice, the first Respondent was informed that, as regards Batch No. T-12701, a survey sample was drawn by the Central

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