Gujarat High Court
Biotech vs State on 11 August, 2010
Author: D.H.Waghela
Bench: D.H.Waghela
Gujarat High Court Case Information System
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SCA/7973/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7973 of 2010
=========================================================
BIOTECH
INTERNATIONAL PVT LTD & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & & 2 - Respondent(s)
=========================================================
Appearance
:
MR MIHIR JOSHI Sr.Advocate with MR SAHIL SHAH for M/s.NANAVATI
ASSOCIATES for
Petitioners : 1 - 2.
MR PRAKASH K JANI GOVERNMENT PLEADER for
Respondents : 1,
DS AFF.NOT FILED (N) for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2,
MR AKHIL SIBAL and MR DEEPAK KHUSAVA
with MR AB MUNSHI for Respondents :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 11/08/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. After the arguments being heard, for final disposal, at some length and before learned counsel Mr.Akhil Sibal commenced his arguments, a limited consensus was arrived at among the contesting parties and representatives of the State Government, for an order in the following terms.
2. In view of urgent requirement of the product, the purchase of which is the subject-matter of the petition, it was agreed that, without prejudice to the rights and contentions of the parties and without the Court expressing any opinion on merits of the matter, the parties would state their case in writing, latest by 14.08.2010, before the Secretaries Purchase Committee for appropriate decision in respect of appropriate equivalence of the two rival products for placement of orders by the Government in terms of requirement of the quantity. The Committee is expected to take into consideration the material relevant for the purpose. It was agreed that the parties shall have a fresh and independent bidding of price and the State Government shall have the option to negotiate for the lowest minimum price at which the product could be purchased from either or both of the rival parties, who have joined the tendering process; irrespective of the price mentioned in the price bid of each of the tenderers. However, the parties shall not be permitted to quote any price higher than the price already quoted by them in their price bid.
3. The petition is disposed in terms of the above consensus with liberty to the parties concerned to challenge the decision of the Secretaries Purchase Committee on such ground as may be available, but also with the hope that future litigation, if any, shall not come in the way of immediate supply of the required product, which is required in public interest at the present juncture for fulfillment of immediate public need. It is understood among the parties that, except for the above issues being decided after consideration of the representations by Secretaries Purchase Committee and the matter of fresh price bids, the other terms and conditions of the tender as also the tender forms submitted by the parties shall continue to bind the parties. The Secretaries Purchase Committee stated to have been constituted for the purpose by the State Government shall convene its meeting for consideration, as aforesaid, and finally decide upon the issue of awarding the contract to either of the contending parties on or before 20.08.2010 in view of the urgent requirement of the product in question.
4. Accordingly, the petition is disposed with the direction that parties shall act according to the consensus recorded hereinabove and the interim relief granted herein shall continue to operate till the decision of the Secretaries Purchase Committee constituted by the State Government. No costs.
Sd/-
( D.H.Waghela, J.) Sd/-
( Bankim N.Mehta, J.) (KMG Thilake) Top