CENTURION LABORATORIES PVT. LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar Mishra, learned senior counsel for the petitioners, Mr. Lalit Kishore, learned senior counsel for the Bihar Medical Services and Infrastructure Corporation Limited and Mr. Nadim Seraj, learned G.P.-5 for the State.

(2.) The present writ application has been filed for the following reliefs:

(3.) Learned senior counsel for the petitioners submits that the petitioners' firm has been granted licence after proper verification in terms of the relevant provision of the Drugs Rule, 1945. The Bihar Medical Services and Infrastructure Corporation Limited (hereinafter referred to as BMSICL) had issued various tender notices vide Tender Ref. No. BMSIC/DRUGS/22-07 dtd. 23/5/2022 inviting Tender for rate contract and supply of Drugs for different healthcare facilities in the State of Bihar. The petitioners submitted the bid documents and was declared successful in Technical bid as well as the Financial bid. Thereafter the BMSICL had issued the Letters of Intent vide letter no. 3878 dtd. 7/9/2022 for submitting requisite documents, security deposit and to execute the Rate-Contract within 15 days from the date of receipt of the LOI. Learned senior counsel for the petitioners further submits that in pursuance of the above said Letters of Intent and its analogous Agreement, approximately 28 (twenty-eight) Purchase Orders were issued demanding meagre quantities that were below the minimum batch size of the petitioners' company. The petitioners' company requested the respondent authorities (BMSICL) to increase the size of units that were demanded through the above said purchase orders but the authorities had not taken any care. The Respondent-BMSICL had issued Show cause notices dtd. 11/10/2023. 2/5/2024, 9/7/2024, 25/9/2024, 19/12/2024 respectively. Learned senior counsel for the petitioners further submits that the petitioners filed reply to the aforesaid show cause notices and again requested the authority concerned that the purchase order may be amended and the requisite quantity may be increased in order to enable the petitioners' firm to perform its duty as per the agreement. Learned senior counsel for the petitioners further submits that the respondent (BMSICL) has received the reply to show cause but without considering the same against issued show cause notice to the petitioners' firm on 31/10/2023, 24/5/2024, 23/7/2024, 7/10/2024 and 7/1/2025 respectively. The petitioners sent the reply to the above show cause notices on 10/10/2024, 7/10/2024, 25/5/2024, 7/1/2025, 22/4/2025, 11/7/2025 respectively and again requesting the respondent-BMSICL that the purchase order may be amended and the requisite quantity may be increased in order to enable the petitioner firm to perform its duty as per the agreement.