S.MURALIDHAR
Emcure Pharmaceuticals Ltd. – Appellant
Versus
Managing Director, Orissa State Medical Corporation – Respondent
JUDGMENT :
S. MURALIDHAR, J.
1. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (A and C Act) seeking appointment of an Arbitrator to adjudicate the disputes between the Petitioner on the one hand and the Odisha State Medical Corporation (OSMC) [Opposite Party Nos. 1 and 2] on the other, arising out of the bid submitted by the Petitioner for supply of medical drugs, injections etc. pursuant to an e-tender floated on 4th June, 2021.
2. The OSMC floated the above tender which had two components viz. technical and financial. The last date for submission of tender documents was 14th July 2021. The Petitioner was one of the bidders as was Opposite Party No. 4.
3. According to the Petitioner, the technical bids submitted by Opposite Party No. 4 showed that it was in no way qualified to participate for the item for which it had bid. However, according to the Petitioner, the bid of Opposite Party No. 4 was wrongly accepted by the OSMC in violation of the tender conditions. The present Petitioner was L-2 and according to the Petitioner the tender ought to have been awarded to it. A representation was made by the Petitioner to the OSMC on 1st and 2nd Septemb
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