M/S. BRONKOL PVT. LIMITED Vs. THE STATE OF TRIPURA, REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF TRIPURA AND ORS.

JUDGEMENT

(1.) THE Director of Health Services, Govt. of Tripura issued a Notice Inviting Tender from resourceful, experienced, reliable, bona fide, renowned, licensed manufacturer of medicines for supply of various medicines including Albendazole Oral Suspension USP 400 mg/10 ml., Co -trimoxazole Suspension IP 40 mg + 200 mg/5 ml, Furazolidone Oral Suspension IP 25 mg/5 ml., Metronidazole Benzoate Oral Suspension IP (200 mg/5 ml.), Povidone Iodine Soln. IP 5% w/v and Paracetamol Tab. IP 650 mg./tab.

(2.) THE petitioner submitted his tender for those items. The tender of the petitioner was accepted and thereafter supply orders were placed upon the petitioner. According to the petitioner, he had a tie -up with one manufacturer, namely M/s. Ticoma Pharmacia who was to manufacture the medicines and the petitioner was to supply the same.

(3.) THE case of the petitioner is that pursuant to the supply orders he got the items manufactured from the respondent No. 14 and thereafter sent it to the respondent -State. However, by an order dated 03.01.2014 the State had cancelled the supply orders of the petitioner company on the allegation that the manufacturer of the medicines had no license to manufacture the medicines in question. This was the only ground for cancellation of the supply orders.