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2016 Supreme(Ori) 469

VINEET SARAN, B.R.SARANGI
Hemogenomics Private Limited – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: M/s. Pradipta Kumar Mohanty, D.N. Mohapatra, J. Mohanty, P.K. Nayak, S.N. Dash, A. Das.
For the Opp.Parties : Mr. B.P. Pradhan, M/s B.M. Pattnaik, M/s. Rakesh Sharma,P.R. Pattnaik, S.R. Singh Samanta, K.C. Mishra, S.N. Barik.

JUDGMENT :

B.R. Sarangi, J.

The petitioner company, which is stated to be the single authorized distributor/dealer of GRIFOLS (formerly NOVARTIS Diagnostics), having Transfusion diagnostic business dealing with manufacturing and delivering high quality products of NAT (Nucleic Acid Testing) Proclex PANTHER system, participated in the tender process pursuant to the advertisement vide Annexure-1 dated 20.02.2014, i.e., Request for Proposal (in short “RFP”) issued by the Director, State Blood Transfusion Council, Department of Health & Family Welfare for supply and installation of maintenance free fully automated NAT facility for screening of HIV, HBV, HCV (all variants) for maximizing the blood safety along with opposite party no.3. Pursuant to such advertisement, the petitioner submitted its offer on 26.03.2014 with two bids, both technical and price bids, valid for 365 days. In technical evaluation, the petitioner being disqualified, its price bid was not opened. Consequentially, opposite party no.3 was selected and issued with work order vide Annexure-9 dated 10.06.2015 and as
































































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