2026:CGHC:2167-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5477 of 2021 Rusan Pharma Ltd. 58-D, Government Industrial Estate, Charkop, Kandivali (West), Mumbai-4000067, Maharashtra, India, Through- Its Authorised Signatory Narendra B. Mathur Son Of Shri R. B. Mathur, Aged About 62 Years, Resident Of GH-12/50, Paschim Vihar, New Delhi- 110087 --- Petitioner(s)

versus

1 - State Of Chhattisgarh Through- Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

2 - Chhattisgarh Medical Services Corporation Through- Its Managing Director, Sector- 27, Housing Board, Complex, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

--- Respondent(s)

For Petitioner(s) : Mr. C.J.K.Rao, Advocate.

For Respondent No. 1 : Mr. S.S.Baghel, Government Advocate. For Respondent No. 2 : Mr. Raghavendra Pradhan, Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

14/01/2026

1. Heard Mr. C.J.K.Rao, learned counsel for the petitioner, Mr.

S.S.Baghel, learned Government Advocate for the State/respondent No. 1 as well as Mr. Raghavendra Pradhan, learned counsel for the respondent No. 2.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“10.1 That, this Hon’ble Court may kindly be pleased to set aside the impugned order dated 21.10.2021 (Annexure P/1) regarding blacklisting of the petitioner’s firm and forfeiture of the security deposit amount.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents to allow the participation of petitioner, fairly in the advertised Tender and other forthcoming Tenders.

10.3 Any other relief which this Hon’ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.

10.4 That, the Hon’ble Court may kindly be pleased to set aside the order dated 16.12.2021.”

3. The facts, as projected by the petitioner are that the petitioner is a reputed Pharma Company since 1994 and have been producing amongst various drugs including Narcotic and other essential drugs viz. Buprenorphine (10 mcg) Transdermal patch, and is registered in India. The respondent No. 2 floated e-Tender having was Tender No. 68M(R)/CGMSC/Drugs & Medicine/2019-20 Dated 7.03.2020. The respondent No.3 extended the time for submission of bid from time to time and finally the last date to submit the bid extended upto

15.06.2020.

4. Mr. Rao, learned counsel for the petitioner submits that the petitioner participated in the bid process and submitted its on-line bid on 15.06.2020. The final summary sheet Cover A was opened on 3.02.2021. As per clause 4.2 of the Tender Document- VALIDITY OF BID- the bid shall be valid for a period of 120 days from the date of opening of Cover-A (Technical Bid) and prior to the expiry of the bid validity, the Tender Inviting Authority may request the bidders to extend the validity for the further period as deemed fit. In the present case, the respondent No.2 after a lapse of 120 days opened the financial bid on 15.06.2021 almost after more than 45 days of the expiry of validity of the bid period i.e. 120 days. The petitioner was declared L-1 for the product code ND13A Buprenorphine 10mcg. As there was peak of the COVID-19 second wave and there was a complete Covid-19 lockdowns in the India during the period April to June, the petitioner expressed its inability specifically mentioning that while participating, the Company was having the raw material available but due to the prevailing pandemic situation and non availability of raw material, it would not we will not be able to cater to it and request to withdraw bid for item code ND13A Buprenorphine 10mcg vide letter dated 25.06.2021. The respondent No.2 satisfied with the reply did not initiate any action but surprisingly vide letter dated 19.08.2021, the respondent No.2 issued a show cause notice