IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
Maan Pharmaceuticals Limited – Appellant
Versus
Gujarat Medical Services Corporation Limited – Respondent
| Table of Content |
|---|
| 1. introduction of the petitioner’s tender bid and subsequent issues. (Para 2 , 3) |
| 2. petitioner argues against the risk purchase recovery process. (Para 4) |
| 3. respondent defends actions based on tender terms. (Para 5) |
ORDER :
1. Rule, returnable forthwith. The learned counsel Mr. Utkarsh Sharma waives service of rule on behalf of the respondent. By consent of the learned counsels for the parties, the matter is taken up for final hearing.
3. The factual matrix in the present case is that the respondent Corporation published the tender notice bearing No.GMSCL/Drugs/D- 669/RC/2021 for supply of different tablets, capsules, injections, miscellaneous and surgical items as mentioned therein. That the petitioner herein submitted its bid for Amoxicillin Capsules 500mg having item code No.1016 mentioned at serial No.6 of the tender notice. The petitioner and other two companies were declared as successful bidders. The petitioner was issued an offer letter dated 31.08.2021 for supply of capsules to the extent of 30% of the order quantity. The other two companies, who were also declared as successful bidders, were awarded the order to the extent of 30% and 40% of the order quantit
The court reaffirmed that deductions from contracts must adhere to principles of natural justice, requiring prior notification and justification for any recovery actions.
The court ruled that the respondent's unilateral deductions from payments violated principles of natural justice, requiring adherence to contract clauses and valid justification for any recovery acti....
The decision to blacklist a contractor must follow due process and communicate the intended action clearly in the show cause notice. Non-supply of essential goods during a pandemic can justify blackl....
A debarment order is not justified if the party being debarred has not violated any contractual obligations, the apprehensions of the other party are not material considerations, the debarment order ....
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
The court established that communications regarding outstanding dues do not equate to recovery orders, especially when a civil suit on the same matter is pending.
Firm debarment from public contracts requires prior actionable product debarment, ensuring compliance with procedural norms.
The principle of natural justice requires that the affected party be given a reasonable opportunity to defend themselves, and any proposed penalty/action should be mentioned specifically and unambigu....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.