Punjab-Haryana High Court
Retail-Sale Chemist Association vs State Of Punjab And Others on 25 March, 2014
Bench: Sanjay Kishan Kaul, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.19571 of 2013 (O&M)
DATE OF DECISION: 25.03.2014
Retail-Sale Chemist Association
.....Petitioner
versus
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI
Present: Mr. Deepak Nayar, Advocate for the petitioner
Mr. Hari Pal Verma, Addl. Advocate General, Punjab
..
SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) The petition has been filed by Retail-Sale Chemist Association seeking to assail the tender notice dated 21.8.2013 for running the medical-store shops in the OPD Blocks in Guru Nanak Dev Hospital, Amritsar.
It is the say of the petitioner that the onerous condition put of fifty percent discount on each item coupled with the requirement of a bank-guarantee of `50 lacs is not justified.
Learned Additional Advocate General for the respondents, by reference to the pleadings, points out that fifty percent discount sought for is not unusual and such discounts are being given by the chemists. It is stated that objective is to make available medicines at the cheapest rates to the patients.
Chand Parkash 2014.03.26 14:12 I attest to the accuracy and integrity of this document CWP-19571-2013 -2-
The other aspect pointed out by learned Additional Advocate General is that the condition of `50 lacs bank-guarantee though at first blush may seem excessive, keeping in mind the normal expected per day turnover of `1 lac is not excessive. It is also submitted that there are various cases pending where huge amounts are sought to be recovered from chemists who have either overstayed or there are other problems and there is nothing available with the respondents to obtain the amounts. Our attention has also been drawn to the additional affidavit where an averment has been made that even in PGIMER similarly a bank-guarantee of `50 lacs has been taken and also fifty percent discounts are being given on the MRP.
In view of what has been contended by learned Additional Advocate General, we are not inclined to interfere with the impugned advertisement/tender notice as the rent itself is stated to be in the range of `3.94 lacs per month as per the bids received and similar practices are being followed by other hospitals which is the basis for settling the terms and conditions of the tender.
Dismissed.
( SANJAY KISHAN KAUL )
CHIEF JUSTICE
25.03.2014 ( ARUN PALLI)
parkash* JUDGE
Chand Parkash
2014.03.26 14:12
I attest to the accuracy and
integrity of this document