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performance/ compliance of contractual terms or for other justifiable reasons, the contract may be terminated either wholly, or in part or short closed. by the CMSS and the Tenderer shall be liable to pay for all losses sustained by the CMSS in consequence of the termination which may be recovered personally from the Tenderer or from his properties, as per rules besides forfeiture of Security Deposit.

20.3 For infringement of the stipulations of the contract, for non- performance/ compliance of contractual terms or for other justifiable reasons, the contract may be terminated either wholly, or in part or short closed by the CMSS and the Tenderer shall be liable to pay for all losses sustained by the CMSS in consequence of the termination which may be recovered personally from the Tenderer or from his properties, as per rules besides forfeiture of Security Deposit.

20.4 In the event of making Alternative Purchase, as specified in in Clause 13(f), Clause 14.2(a), Clause 16.8 and other clauses herein, penalty will be imposed on the supplier. The excess expenditure over and above contracted prices incurred by the CMSS, in making such purchases from any other sources or in the open market or from any other Tenderer who has quoted higher rates and other losses sustained in the process, shall be recovered from the Security Deposit or from any other money due and become due to the supplier and in the event of such amount being insufficient, the balance will be recovered personally from the supplier as per rules. 20.5 In all the above conditions, the decision of the CMSS shall be final and binding."

25. Mr. Vikas Singh also argued that the acceptance of supplies by the Respondent after issuance of the Blacklisting Order demonstrates arbitrariness and unreasonableness, as it effectively invalidates the blacklisting. However, upon careful consideration, the Court finds Mr. Singh's argument to be lacking in merit. As Ms. Kaul rightly points out, the Impugned Order specifically debars the Petitioner from participating in future tenders from 22nd May 2024 till 21st May 2026, whereas the supplies accepted by the Respondent pertain to obligations that were already contractually established prior to the Blacklisting Order. The order dated 29th April, 2024, which short closed Tranche-II of PO No. 10282300100 and forfeited the corresponding PBGs, explicitly directed the continuation of supplies under Tranches III and IV for the supply of TLD under Tender No. CMSS/PROC/2023-24/NACO/021. Furthermore, the subsequent POs dated 07th June, 2023, for procurement of supplied for the National Vector Hepatitis Control Program (NVHCP) through Tender No. CMSS/PROC/2023- 24/NVHCP/049, also falls under an agreement finalized before the blacklisting was issued, with an LOA acceptance date of 01st May, 2024. The acceptance of these supplies by the Respondent does not contravene any legal or contractual prohibitions, as the engagements were initiated and contractually bound prior to the blacklisting.