BAIJNATH PHARMACEUTICALS Vs. STATE OF H. P.

JUDGEMENT

(1.) On 2.4.2018 respondent No.3 invited quotations, for, the supply of medicines/drugs, to, respondent No.2. The writ petitioner participated in the relevant tendering process, and, after completion thereof, its bid became accepted. On 24.7.2019 respondent No.3 placed an order, with the petitioner, for, its supplying to respondent No.2, the medicines/drugs, qua, wherewith the petitioner become declared, as, a successful bidder. On 22.9.2019, the, petitioner sought extension, of, time to make the completest supplies, of, medicines/drugs, qua wherewith hence supplies/orders were placed, upon it, by respondent No.3. Moreover, the petitioner made, two successive representations, respectively on 1.11.2019 and on 10.12.2019, for the afore purpose. However, the respondents concerned, did not accord, to the petitioner, the, espoused extension. Hence, the writ petitioner prays, for, a mandamus being made, upon, the respondents concerned, to, accord the apposite extension(s) qua it.

(2.) Respondents No. 1 and 2 in their reply meted, to the writ petition strived, to, blunt the afore made endevour, before this Court, by the learned counsel for the petitioner, and, the afore strivings became rested, upon, a covenant borne in clause 8.1 of the tender, clause whereof stands extracted hereinafter, a reading whereof makes trite underlinings qua (i) the respondents concerned being empowered to, at any time, during, the, period, of, operation of the tender/contract, hence place the supply/orders, (ii) and, thereupon, it becoming incumbent upon the supplier to mete absolute compliance(s) therewith, hence within 65 days, from, the date of making, of, the supplies/orders, and, also a prescription becomes borne therein, that, after 90 days, since the making of the supplies/ orders, by the respondents, hence, upon, the supplier rather no supplies being accepted rather the bid(s) standing ipso facto automatically cancelled. Nonetheless therein also occurs, a, covenant, purveying facility to the successful bidder, to seek, and its being granted, the apposite extended period of 25 days. However, the sought, for, extension hence by the successful bidder, being with a rider, in as much, as, the relevant manufacturing processes, evidently consuming more time than that, of, other manufacturing(s).

(3.) Further more, it also becomes covenanted therein, vis-a-vis, the afore application, for the espoused extension, being made to the Director, Ayurveda well before elapsing, of, a period of 45 days. Lastly, it is also covenanted therein, vis-a-vis, there being no deemed extension, unless it is granted, through a scribed order, hence made by the authorities concerned.