ALLENGERS MEDICAL SYSTEMS LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking a direction by issuance of a purchase order in terms of Notification of re-tender issued by the 2nd respondent dtd. 27/10/2021 and award of contract dtd. 2/3/2022.

(2.) Heard Sri K.Satish, learned counsel appearing for the petitioner; Sri M.Vinod Kumar, learned Additional Government Advocate appearing for respondents 1, 3 to 5 and Smt. Sumana Baliga M., learned counsel appearing for respondent No.2.

(3.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioner claims to be a registered Company under the Companies Act, 1956 and is in the business of procurement of medical and allied equipments and distribution thereto and claims to have a Pan India presence. The 2nd respondent/ Karnataka State Medical Supplies Corporation Limited (hereinafter referred to as 'the Corporation' for short) issues a notice inviting tenders dtd. 27/10/2021 for procurement of 100mA Portable X-ray machines, ICU Cots and Syringe Pump. It was to be a two cover tender, in terms of the Karnataka Transparency in Public Procurement Act, 1999 ('the Act' for short) and the Karnataka Transparency in Public Procurement Rules, 2000 (for short 'the Rules'). The issue in the lis concerns only item No.2 in the Tender i.e., 100mA Portable X-ray machines. The petitioner finding itself eligible, submits the tender in terms of the tender Notification along with another tenderer. Therefore, there were two tenderers pursuant to the tender notification dtd. 27/10/2021.