Delhi High Court - Orders
Themis Medicare Limited & Anr vs Central Medical Services Society & Ors on 16 May, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6999/2024
THEMIS MEDICARE LIMITED & ANR. ..... Petitioners
Through: Mr.Rajsekhar Rao, Sr.Advocate with
Ms.Archana Sahadeva and
Ms.Aashna Chawla, Advocates.
versus
CENTRAL MEDICAL SERVICES SOCIETY & ORS.
..... Respondents
Through: Ms.Aakanksha Kaul, Advocate for R-
1.
Mr.Vikram Jetly, CGSC with
Ms.Shreya Jetly, Advocate for R-2 &
5.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 16.05.2024 C.M.No.29129/2024
1. Exemption allowed subject to all just exceptions.
2. Accordingly, the application stands disposed of. W.P.(C) No.6999/2024 & C.M.No.29128/2024
3. Present writ petition has been filed seeking quashing of letter dated 22nd February, 2024, whereby the joint representation made by the petitioners was disposed of/dismissed by respondent no.1/Central Medical Services Society(CMSS) as well as the letter dated 22nd November, 2023, whereby respondent nos.3 and 4 were declared L1 and L2 bidders 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 17/05/2024 at 23:37:39 respectively for supply of Rifapentine 150mg ('subject formulation') for use in the National Tuberculosis Elimination Program ('NTEP') and the letter dated 17th November, 2023, whereby the technical bids of the petitioners were rejected. The petitioners further seek a direction to respondent no.1 to re-issue the tender.
4. Learned senior counsel for the petitioners states that at the time of bid submission, petitioner no.1 and Lupin Pharma were the only two companies which had valid approvals for manufacturing the subject formulation in the country. He states the bids submitted by respondent nos. 3 and 4 do not meet the tender requirements and their bids have been accepted without any verification.
5. He specifically states that respondent nos.3 and 4 have wrongly claimed themselves to the Class I local suppliers with 80-100 percent local content.
6. Issue notice. Ms.Aakanksha Kaul, Advocate accepts notice on behalf of respondent no.1 and Mr.Vikram Jetly, CGSC accepts notice on behalf of respondent nos.2 and 5.
7. Learned counsel for respondent no.1 states that neither respondent no.3 nor respondent no.4 has supplied any medicine till date. She further states that pre-dispatch inspection of medicines to be supplied by respondent no.4 is due to be carried out on 22nd May, 2024. She states that after pre- dispatch inspection, respondent no.4 has promised to supply the medicines.
8. Issue notice to the unrepresented respondents nos. 3 and 4, returnable on 18th September, 2024.
9. Let counter affidavits be filed within four weeks. Rejoinder affidavits, if any, be filed before the next date of hearing.
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 17/05/2024 at 23:37:39
10. It is clarified that this Court has not interdicted the supply of medicines by either of the respondents.
11. List on 18th September, 2024.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 16, 2024 KA 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 17/05/2024 at 23:37:39