PRAKASH PULVERISING MILLS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant Companies Prakash Pulverising Mills and Pestochem India Limited are aggrieved by the award of contract by respondents nos. 1 to 3 i.e. State of Gujarat in the Ministry of Health and Family Welfare Department, Director of Central Medical Stores Organisation and the Chairman of Secretarial Purchase Committee to the respondent no. 4 Company, i.e. M/s. HPM Industries Limited of 70% of the required quantity of 950 M.T. of Malathion 25% WDP with ISI mark. The two appellant Companies have been each awarded 15% of the quantity of the above product to be purchased by the respondents nos. 1 to 3 pursuant to the invitation for tender under the terms and conditions contained in the Tender at Annexure A.

(2.) The learned Single Judge by his common judgment dated 2-7-2001 refused to interfere in the award of contract to the extent of 70% of the required quantity in favour of respondent no. 4 and 15% each in favour of the appellants. The two Special Civil Applications Nos. 3781 and 3782 of 2001 have both been dismissed giving rise to these two Letters Patent Appeals Nos. 578 and 579 of 2001.

(3.) After filing the present two Letters Patent Appeals, respondent no.4 filed two Special Civil Applications Nos. 4956 and 4957 of 2001 against each of the appellants challenging the award of contract to the extent of 15% to each of the appellants. The learned Single Judge, in view of the filing of the Letters Patent Appeals against his own judgment, referred the two Special Civil Applications Nos. 4956 and 4957 of 2001 filed by respondent no. 4, for decision along with the Letters Patent Appeals, as the subject matter involved in all the cases is common.