2026:CGHC:3794-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3164 of 2022 M/s Mayons Pharmaceuticals Pvt. Ltd. Company Registered Under The Relevant Provision Of Companies Act 1956, Heaving Its Head Office At Behind Octori No. 4, Old Kamptee Road, Kalamna, Nagpur (Maharashtra), Through Its Director Namely Yusuf Chimthanawala, S/o Hamzabhai Chimthanawala, Aged About 47 Years, R/o 576, Quaemi Bagh, Near Itwari Railway Station, Nagpur (Maharashtra).

... Petitioner(s)

versus

1. Chhattisgarh Medical Service Corporation Limited (A Government Of Chhattisgarh Undertaking), Through The Managing Director, Chhattisgarh Medical Service Corporation Limited, Chhattisgarh Housing Board Commercial Complex (North West Corner), Sector

27, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

2. Deputy Manager (Sales And Operation) Chhattisgarh Medical Service Corporation Limited (A Government Of Chhattisgarh Undertaking) Chhattisgarh Housing Board Commercial Complex (North West Corner), Sector 27, Atal Nagar, Nawa Raipur, Digitally District : Raipur, Chhattisgarh signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date:

2026.01.22 +0530

3. Managing Director Chhattisgarh Medical Servies Corporation Limited, Naya Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

4. Deputy Manager Quality Control, Chhattisgarh Medical Services Corportion Limited, Naya Raipur, Atal Nagar, Raipur, District :

Raipur, Chhattisgarh ...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Avinash Gharote, Senior Advocate, assisted by Mr. Arpan Verma, Advocate.

For Respondents : Mr. Raghvendra Pradhan, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

22.01.2026

1. Heard Mr. Avinash Gharote, learned Senior Advocate, assisted by Mr. Arpan Verma, learned counsel for the petitioner. Also heard Mr.

Raghvendra Pradhan, learned counsel, appearing for the respondents.

2. The present writ petition has been filed by the petitioner with the following prayers:

“1. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the impugned order dated 06.06.2022 (Annex.P/1), passed by Managing Director, Chhattisgarh Medical Service Corporation Limited, Raipur and the respondent authorities may further be directed to consider the case of the petitioner company in light of condition No. 9(E)(iv) of the tender document, which provides the replacement of the consignment.

2. That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. Learned Senior Advocate for the petitioner submits that the petitioner Company is a Micro, Small and Medium Enterprise (Micro category) engaged in the manufacture and supply of Homoeopathic medicines. The petitioner Company was incorporated on 16.11.2004 under the Companies Act, 1956 and has been carrying on its business lawfully for more than a decade, supplying medicines to various institutions, including government bodies.

4. Learned Senior Advocate further submits that the respondent, Chhattisgarh Medical Services Corporation Limited (CGMSC), is a Government of Chhattisgarh undertaking and is a “State” within the meaning of Article 12 of the Constitution of India. Consequently, all actions of the respondent are required to conform to the constitutional mandate of fairness, non-arbitrariness, and reasonableness under Articles 14 and 19(1)(g) of the Constitution of India. It is further submitted that the respondent issued a tender for rate contract for supply of AYUSH drugs and medicines, pursuant to which the petitioner participated in the tender process, was found technically and financially eligible, declared the lowest bidder, and was awarded the contract for supply of Homoeopathic medicines. An agreement was thereafter executed between the parties, and both parties are governed strict