Meghalaya High Court
M/S Vishal Pharma vs . State Of Meghalaya on 13 December, 2018
Author: Mohammad Yaqoob Mir
Bench: Mohammad Yaqoob Mir
Serial No. 02 HIGH COURT OF MEGHALAYA
Supplementary 1 List AT SHILLONG
M.C. [WP(C)] No. 260 of 2018
WP(C) No. 493 of 2018
Date of order: 13.12.2018
M/S Vishal Pharma Vs. State of Meghalaya
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Appearance:
For the Petitioner/Applicant(s) : Mr. S. Rajput, Adv.
For the Respondent(s) : Mr. B. Bhattacharjee, Addl.AG with
Ms. Z.E. Nongkynrih, GA The grievance projected by the petitioner is that average annual turnover of not less than Rs. 50 crores per annum during the last three consecutive years as incorporated in the notice inviting tender is grossly arbitrary and appears to have been incorporated with some design so as to exclude participation of the petitioner. According to him, the petitioner satisfies all the conditions of the tender notice but not for the annual turnover of Rs. 50 crores. Supporting his submission that the average annual turnover has been arbitrarily fixed, has placed reliance on two judgments, (i) rendered by Orissa High Court in WP(C) No. 18496 of 2009 decided on 20.12.2010 titled, Manufacturers Association & Anr. v. State of Orissa & Ors. and (ii) rendered by Delhi High Court titled, Allied Integrated Society (Regd.) & Ors. v. The State (NCT of Delhi) in WP(C) No. 5912 of 2018 & CM Appl. 23033-23034 of 2018 decided on 06.06.2018.
Considering the submissions at this stage, prima facie contention of the petitioner has substance, therefore, the respondents are directed to allow the petitioner to participate provided he satisfies all the conditions of the tender notice except for average annual turnover of not less than Rs. 50 crores, in the case of the petitioner it shall be for the time being taken as ten crores.
Objections by or before 20.12.2018.
Copy of the order be supplied to the learned counsel for the petitioner.
(Mohammad Yaqoob Mir) Chief Justice Meghalaya 13.12.2018 "Sylvana PS"