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IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on: 13.03.2015

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W.P.(C) 5470/2014, C.M. NO.10865/2014

M/S. THEON PHARMACEUTICALS LTD.…………Petitioner

Through: Sh. Himanshu Gupta, Advocate.

Versus

DG, ESIC AND ORS.

……………..Respondents

Through: Ms. Rekha Palli, Ms. Ankita Patnaik and Ms.

Garima Sachdeva, Advocates, for Respondent Nos. 1 and

2. Sh. Aseem Chaturvedi and Sh. Abhijeet Swaroop,

Advocates, for Respondent No.4.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE R.K. GAUBA

MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)

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1.

The present Writ Petition challenges the award of Employees State

Insurance Corporation ("ESIC") Rate Contract No. 138 for Product Code

No. 534 by the first two Respondents to the fourth Respondent, despite the

Petitioner allegedly being the lowest bidder. A direction to quash and set

aside the said decision and a direction to the Respondents to accept the

Petitioner‟s lowest bid, and cancel the fourth Respondent‟s bid in respect of

supply of Drug Product Code No. 534 of ESIC is sought.

2.

The Petitioner is a public limited company incorporated under the

Companies Act, 1956. It was first granted pe