BRAWN LABORATORIES LIMITED THROUGH ITS DIRECTOR MR. B.R. GUPTA Vs. GOVT. OF NCT OF DELHI THE DIRECTOR OF HEALTH SERVICES

JUDGEMENT

(1.) A tender notice was issued by the Respondent on 31st March, 2008 by which sealed tenders were invited from licensed Indian drug manufacturers for entering into a running rate contract for the supply of drugs to hospitals and institutions under the Respondent for a period of two years. It was specifically mentioned in the advertisement that the manufacturers should have an annual turnover of pharmaceutical products of Rs. 35 crores or more per annum for the years 2004 -05, 2005 -06 and 2006 -07. The tender closing date and the opening date of the technical bids was the same, that is, 7th May, 2008.

(2.) THE Petitioner had a turnover of Rs. 33.08 crores for the year 2004 -05, a turnover of Rs. 44.14 crores for the year 2005 -06 and a turnover of Rs. 53.39 crores for the year 2006 -07. Ex facie, the Petitioner was not eligible to submit its bid. According to the Petitioner, it had a turnover of Rs. 70.57 crores in the year 2007 -08 and that this was very important and relevant.

(3.) ON 7th May, 2008 the bids were opened and as one would expect the Petitioner was found ineligible, not having the turnover required for 2004 -05.