IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2020

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA

W.P.No.7718 of 2020

and W.M.P.Nos.9075 and 12130 of 2020

M/s.Healthware Private Limited

Serene Towers, 4^th Floor,

8-2-623/A, Road No.10,

Banjara Hills, Rep by its Area Manager

Hyderabad-500 034.

.. Petitioner

.Vs.

1. Tamil Nadu Medical Services Corporation Limited

rep. by its Managing Director,

417, Pantheon Road,

Egmore, Chennai-600 008.

2. M/s.KarlStorz Endoscopy India Private Limited,

11^th Floor, Dr.Gopal Das Bhawan,

28, Barakhamba Road,

New Delhi-110 001.

.. Respondents

* * *

Prayer : Writ Petition filed under Article 226 of the

Constitution of India praying for a Writ of Mandamus directing

the first respondent to disqualify the second respondent's

technical bid in the tender pursuant to the Notice inviting

tender dated 25.10.2019 bearing reference PKG38/LCB/TNUHP/TNMSC/

ENGG/2019, dated 25.10.2019 for the Supply and Installation of

Extracorporeal Shockwave Lithotripsy for Medical College

Hospitals at various districts of Tamil Nadu.

* * *

For Petitioner :

Mr.Krishna Srinivasan

for M/s.S.Ramasubramaniam & Associates

For Respondents:

Mr.Vijay Narayan,

Advocate General

assisted by Mr.Shivakumar

for M/s.Shivakumar and Suresh for R1

Mr.P.Giridharan for R2

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

A direction by way of Writ of Mandamus to the first

respondent to disqualify the second respondent's technical bid

in the tender pursuant to the Notice inviting tender dated

25.10.2019 bearing reference PKG38/LCB/TNUHP/TNMSC/ENGG/2019,

for the Supply and Installation of Extracorporeal Shockwave

Lithotripsy for Medical College Hospitals in various districts

of Tamil Nadu is sought for by the petitioner in this writ

petition.

2. The petitioner is engaged in the business of distribution

and supply of medical equipments from reputed companies and is

one of the largest suppliers of such medical equipments in

India. The first respondent had issued a Notice Inviting Tender

(in short, "NIT") for the supply and installation of

Extracorporeal Shock Wave Lithotripsy (in short, "ESWL") for

Medical College Hospitals in various districts of Tamil Nadu.

The tender was for the supply of 4 units of Lithotripters. The

selection of the supplier was to be done by local competitive

bidding in two cover system. The tender document was dated

25.10.2019 fixing the last date for receipt of the bid as

0312.2019.

2.1. A pre-bid meting was called for on 18.11.2019. It is

stated by the petitioner that in the pre-bid meeting, a written

representation was submitted by the second respondent, which was

also a bidder, requesting for 11 changes in the tender document,

more particularly, on the technical specifications, as the

second respondent did not have the model to meet the technical

specifications prescribed in the tender document. There was

also a corrigendum issued by the first respondent on 02.12.2019

and the last date for submission of bids was extended to

13.12.2019, which was also extended for two more occasions and

finally fixing the last date for submission as 31.12.2019.

2.2. As stated above, the suggestions given by the second

respondent were considered and finally the first respondent had

issued a second corrigendum mentioning the specifications for

ESWL to be supplied by the successful bidder as follows :

(i).Shall have imaging technology to view the patient contact

interface from within the therapy head ;

(ii).C-arm shall have all movements motorised ;

(iii).Shall

have

an

additional

Biplane

transducer

(Simultaneous Sagittal and Transverse planes) for trans-

rectal ultrasound and guided prostatic biopsy ; and

(iv).Design shall accommodate the C-arm movement on both CC

directions.

2.3. On 31.12.2019 both the petitioner and