Delhi High Court - Orders
Mammoth Lifesciences Llp vs Union Of India & Ors on 19 May, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6520/2025 and CM APPL.29682/2025 (Stay)
MAMMOTH LIFESCIENCES LLP .....Petitioner
Through: Mr. Arun Vohra, Ms. Aakriti Vohra,
Advs.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Nishant Gautam (CGSC) along
with Mr. Mayank Sharma, Mr. Vipul
Verma, Mr. Prithvi, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 19.05.2025 CM APPL.29683/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 6520/2025 and CM APPL.29682/2025 (Stay)
3. The present petition impugns the Debarment Notice dated 26.04.2025 and Show Cause Notice dated 28.03.2025 issued against the petitioner by the Army Hospital (R&R), Delhi Cantt-10/respondent no.2.
4. In terms of impugned debarment notice the petitioner has been sought to be debarred from participating in any procurement processes, tenders or supply activities of Army Hospitals (R&R), Delhi Cantt for a period of two years. The impugned Debarment Notice reads as under:
"1. Refer to this hospital letter No 2337/DGLP Procurement/Gen Corres/2025 dated 29 Mar 2025 vide which a Show Cause Notice was issued to you and your reply No nil dated 29 Mar 2025.
2. On perusal of your reply as quoted above, it is seen that your firm has failed to provide a satisfactory and conclusive explanation in response This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 20:31:42 to the allegations of submitting forged documents by you during price negotiation proceedings as held in this hospital by the Price Negotiation Committee, for the procurement of 'Paracetamol 10 mg/ml infusion in 100 ml bottle'. The Price Negotiation Committee (PNC) proceedings in which the forged supply order was submitted were duly recorded and countersigned by the committee comprising of four members, headed by a senior officer of the rank of Brigadier, thus affirming the fact that the physical documents submitted during the process were from your firm. The committee has clearly stated that the document in question was part of the PNC proceedings submitted under your firm's name.
3. Despite your denial, the forged supply order submitted in your name was part of the Price Negotiation Committee proceedings, and no credible evidence has been presented by your firm to convincingly disassociate itself from the document in question. Your denial does not absolve your firm of allegations of submitting document in question by your firm during the PNC proceeding. The submission of falsified documents in any form constitutes a serious violation of procurement norms and undermines the integrity of the public procurement process.
4. In view of the above, and as per the procurement policies and disciplinary guidelines, M/s Mammoth Lifesciences is hereby debarred from participating in any procurement processes, tenders or supply activities of Army Hospital (R&R), Delhi Cantt, for a period of two years with immediate effect. This decision is being communicated to all concerned within the department and will be reflected in the hospital registered vendor database. Any attempt to circumvent this ban, directly or indirectly, may invite further legal action.
5. In this connection please refer to Para 5(a) & 6(h) of DoE, MoF O.M No. F.1/20/2018-PPD dated 02 Nov 2021."
5. The alleged debarment has taken place on the ostensible basis that the petitioner in proceedings before the Price Negotiation Committee has submitted a forged supply order related to procurement of "Paracetamol 10mg/ml infusion in 100ml Bottle"
6. Learned counsel for the petitioner submits that the said supply order was never submitted by the petitioner and allegations to this effect are altogether false and fictitious.
7. Let a copy of the said document/s alleged to be submitted by the petitioner before the Price Negotiation Committee be produced by the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 20:31:42 respondent no.2 on the next date of hearing.
8. List on 23.05.2025.
SACHIN DATTA, J MAY 19, 2025/uk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 20:31:42