VERVE HUMAN CARE LABORATORIES Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petitions have been filed primarily seeking, inter alia, the quashing of Tender No. CMSS/PROC/2021-22/NACO/034 published on 15/2/2022 and floated by the Respondent " " Central Medical Services Society (hereinafter referred to as 'CMSS'), an autonomous society of the Ministry of Health and Family Welfare, and for the finalization of Tender No. CMSS/PROC/2021-22/NACO/011 dtd. 27/9/2021 in favour of the Petitioners herein. The said tenders pertain to the procurement of Buprenorphine 2 mg and 0.4 mg.

(2.) The facts, in brief, leading to the instant petitions are as under:

(3.) Mr. Kirti Uppal, learned Senior Counsel appearing for Petitioner in W.P.(C) 3270/2022, submits that the Petitioner is a company which engages in provision of essential narcotic products for the care of critically ill patients. He states that with regard to Tender No.2, the Petitioner had completed all the requisite formalities that would render it eligible, however, when the price bid of the said tender was opened, M/s Consern Pharma Ltd. was declared as L-1 and M/s Centurion Laboratories Pvt. Ltd. was declared as L-2. He states that it was found that the two entities who had been declared as L-1 and L-2 had submitted forged and fabricated documents with regard to the stability data, manufacturing and expiry dates, etc., and the Petitioner sent mails to CMSS to intimate the manipulation of content in the documents done by the two bidders. Consequently, Tender No.2 was cancelled, however, no action had been taken by CMSS against the two bidders.