Orissa High Court
M/S.Kamala Agencies vs State Of Odisha And Others .... Opp. ... on 30 September, 2021
Bench: S.K. Mishra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No.30953 of 2021
M/s.Kamala Agencies .... Petitioner
Mr. Pitambar Acharya, Sr. Advocate None
-versus-
State of Odisha and others .... Opp. parties
Mr. P.P.Mohanty, AGA
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 30.09.2021
01. W.P. (C) No.30953 of 2021 & I.A. No.14249 of 2021
1. This matter is taken up through hybrid mode.
2. Heard Mr.Pitambar Acharya, learned Senior Counsel for the petitioner and Mr. P.P. Mohanty, learned Addl. Government Advocate. On our request, Mr. B.P.Tripathy, learned counsel has also participated in the matter which is listed under 'fresh admission' category on behalf of Odisha State Medical Corporation Ltd.
3. Keeping in view the ratio decided in the cases of Chitaranjan Mishra v. State of Odisha and others reported in 2016 (II) OLR 735 and Jagruti Welfare Organization, Bhubaneswar, represented through its Secretary, Smruti Ranjan Panda v. State of Odisha and another reported in (2017) 124 CLT 1041, we are of the opinion that the petitioner's contention that the decision taken by the Orissa Medical Corporation to exclude the authorized distributor from bidding process amounts to exclusion of medicines manufactured by Page 1 of 2 Bichi // 2 // foreign medicine companies who do not have any manufacturing facilities in Odisha or in India.
4. So, we direct Mr. Acharya, learned Senior Counsel to serve an advance copy of the brief on Mr. B.P.Tripathy, a panel counsel for Odisha State Medical Corporation Ltd. who shall take instruction in the matter. If the Corporation wants to engage any other counsel, it may do so and the said counsel will appear before the Court on the next date.
5. List this matter on 07.10.2021.
6. We also direct Mr. B.P.Tripathy, learned panel counsel for the Corporation to instruct the Medical Corporation not to finalize the tender process pursuant to Annexure-8 till the next date.
7. We hope and trust that the Medical Corporation will come up with instructions on the next date so that the interim application can be disposed of.
8. Urgent certified copy of this order be granted as per rules.
(S K.Mishra) Judge (Savitri Ratho) Judge Page 2 of 2