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2021 Supreme(MP) 13

SUJOY PAUL, SHAILENDRA SHUKLA
Health Care Medical Devices Pvt. Ltd. – Appellant
Versus
MP Public Health Services Corp. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Vijay Kumar Assudani, Advocate
For the Respondents:Aditya Khandekar, Advocate

ORDER :

Sujoy Paul, J.

1. In this petition filed under Article 226 of the Constitution, the challenge is mounted to the order dated 22/01/2021 (Annexure P/14) whereby the respondents have blacklisted the petitioner and further debarred him to participate in any tender process initiated by respondent-corporation for further period of two years.

2. Briefly stated, the relevant facts, are that a notice inviting tender (NIT) was issued by respondent No. 1 on 05/09/2020 for supply of various types of gloves to deal with Covid-19 pandemic. The gloves were required to be supplied to various government hospitals in the State of Madhya Pradesh. The petitioner submitted his bid along with manufacturer's authorization in prescribed form (Annexure P/4) in September 2020. On 01/10/2020, a Notification of award was issued in favour of petitioner requiring him to supply 5,70,000 pairs of gloves of 5.5 inch and 6,20,000 pairs of gloves of 7 inches. On 15/10/2020, petitioner submitted bank guarantee for performance security of Rs. 96,26,800/- (Annexure P/7).

3. Shri Vijay Assudani, learned counsel for the petitioner submits that between 31/10/2020 to 20/01/2021, petitioner supplied 65% of said goods ag

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