BHARAT BIOTECH INTERNATIONAL LIMITED Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge an order of the second respondent, i.e., Tender Inviting Authority and the Managing Director of Tamil Nadu Medical Services Corporation Limited, dated 30.12.2010 as well as the consequential notification, dated 03.01.2011 calling for fresh tenders and after setting aside the same, seeks for a direction to award the contract to the petitioner company for the supply of Anti Rabies Vaccine Human (Cell Culture) Drug Code No.579.

(2.) THE writ petition was admitted on 7.1.2011. Pending the writ petition, an interim stay was granted. It was extended till 14.2.2011. THE second respondent has filed a counter affidavit, dated 25.1.2011 together with typed set of documents. THEy had also filed an additional typed set of papers, dated 14.2.2011. An additional affidavit, dated 5.2.2011 was filed by the petitioner. In reply, a further counter affidavit, dated 14.2.2011 was filed by the second respondent.

(3.) THE petitioner also made a complaint on 25.2.2010 to the effect that one Indian Immunological Ltd. was disqualified for 100% default in the supply of Anti Rabies Vaccine by the Kerala Government and should be debarred from participation. THE second respondent had partially accepted the complaint and debarred the said tenderer, i.e., Indian Immunological Ltd. in respect of Drug Code No.579, but had accepted their bid in respect of Drug Code No.724. THE said company had filed a writ petition before this court being W.P.No.4858 of 2010 to quash the communication disqualifying them from participating in the Drug Code No.579 and asked for stay of further proceedings. That writ petition was admitted on 10.3.2010 and an interim stay was also granted on the said date. However, the said writ petition was dismissed by this court by a final order, dated 30.4.2010. As against the said order, a writ appeal being W.A.No.4858 of 2010 was filed. THE same was admitted during summer recess of this court in May, 2010. But no interim order was granted.