RUSAN PHARMA LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) CM APPL. 23265/2016 (STAY): Present writ petition has been filed by petitioner under Article 226 of the Constitution of India seeking a writ, order or direction thereby directing respondent no.1 to abide by the terms and conditions of tender IFB No.RITES/MSM/NACP/15/2014 with regard to procurement and supply of 2 mg Buprenorphine tablets including in particular Clauses 40.2 and/or 34.3 of instructions to bidders. The petitioner also seeks a direction to quash the impugned procurement order issued by respondent no.1 to respondent no.2 for procurement of 1,50,00,000/- tablets of 2 mg Buprenorphine.

(2.) Notice in the petition and the stay application was issued on 3.6.2016, when respondent no.1 entered appearance on an advance copy. On the next date of hearing i.e. 6.6.2016, respondent no.2 entered appearance. The stay application was also taken up for hearing on 6.6.2016, when this Court had directed stay of procurement issued by respondent no.1 to respondent no.2. The order dated 6.6.2016 reads as under:

(3.) As per the writ petition, National AIDS Control Organisation (NACO), respondent no.1 herein, had floated a tender being IFB No.RITES/MSM/NACP/15/2014 on 11.10.2014 for procurement of 2 mg tablets i.e. Buprenorphine 2 mg and 0.4 mg. Pursuant to the said tender, the petitioner, respondent no.2 and one, Mann Pharmaceuticals Limited, Ahmedabad, submitted their bids. The bid was opened on 2.12.2014 for the supply of total of 9,67,25,000 tablets of Buprenorphine of potency of 2 mg and 0.4 mg. The tender for 0.4 mg Bupernorphine tablets was awarded to the petitioner being the lowet bidder vide award dated 8.1.2015 and the tender for supply of 2 mg tablets was awarded to Mann Pharmaceuticals Limited (hereinafter referred to L1), however, in the month of February/March, 2015, it transpired that the said Mann Pharmaceuticals Limited had been blacklisted/debarred by certain State health authorities during the pendency of the tender period. The respondent no.1, pursuant to Clauses 34.3 of the Instructions to Bidders (in short ,,ITB) of the Tender, placed a purchase order with the petitioner (hereinafter referred to as L2) for supply of 1,50,00,000 of 2mg Buprenorphine tablets, which were duly supplied by the petitioner.