ORDER VIVEK RUSIA, J. : – This petition is filed under Article 226 of the Constitution of India being aggrieved by the order dated 21-9-2021 passed by respondent No. 2, whereby the petitioner has been debarred from participating in the tender relating to Item Code No. 110192 Enoxaparin Injection 40 mg for the period of two years with the forfeiture of earnest money deposited by the petitioner.

2. The facts of the case :

2.1. The petitioner is a company duly registered under the provisions of the Companies Act, 1956 (New Act, 2013) having its registered office in Navi Mumbai. The petitioner is a Bio Pharmaceuticals Company engaged in the production and the sale of products namely Anti Sera, anti-Rabies Immunoglobulin and Sera, Reproductive Hormones etc.

2.2. Respondent No. 2 is a Government Company registered under the provisions of the Companies Act, 1956 with the object to act as a Centralized Procurement Agency for the purchase and supply of all essential medical equipment and drugs for all Public Health Care Institutions within the State of Madhya Pradesh.

2.3. During the second phase of COVID-19 Pandemic, respondent No. 2 issued a Notice Inviting Tender (NIT) on 29-4-2021 in re