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Calcutta High Court (Appellete Side)

Shree Pacetronix Ltd vs State Of West Bengal & Ors on 10 December, 2019

Author: Arindam Sinha

Bench: Arindam Sinha

1 10.12.2019 21 RP Ct.04 WP 22254 (W) of 2019 Shree Pacetronix Ltd.

Vs. State of West Bengal & Ors.

Mr. Sagar Bandopadhyay, adv.

Mr. Pranit Bag, adv.

Mr. Tapas Saha, adv.

Mr. Subhamay Dewanji, adv.

Mr. D. Deb .... For petitioner Mr. Amitava Mitra, adv.

Mr. Saikat Chatterjee, adv.

.... For State.

Mr. Bandyopadhyay, learned advocate appears on behalf of petitioner and submits, his client is Indian manufacturer of item of supply, inter alia, specified at serial no.2 in annexure 2 of procurement notice issued by Government of West Bengal, Directorate of Health Services (E & S), Central Medical Stores. The item of supply under the procurement notice is to have standard of international warranty of implantable Pulse Generator, the item being Pace Maker. By corrigendum notice dated 18th November, 2019, certification required was corrected to be US and European certification. He submits, his client has Indian as well as European certification but not US certification. European certification of his client is lifetime. Mr. Mitra, learned advocate appears on behalf of the department and draws attention to subsequent 2 corrigendum notice dated 21st November, 2019 and submits, certification in respect of the item has been corrected to require standard of international warranty of not less than 10 years.

In view of submissions made, particularly on behalf of the department, it is clear that petitioner has required certification for the product.

With above observation this writ petition is disposed of.

(ARINDAM SINHA, J.) 3