Vivek Pharmachem India Ltd vs Director General Health Services, ... on 11 February, 2021
4.1. Further, it is submitted by the petitioner that the Laboratory
has after the testing these samples given two reports both dated
10.10.2016 being Report no. SKF - 040816052 (for batch
AZT15007) and Report no. SKF - 040816053 (for batch
AZT15008). A careful perusal of these two reports show that as per
the Laboratory record the samples from both batches were received
on 04.08.2016, whereas the record of the respondent mentioned
that the samples were sent on 04.10.2016. This discrepancy of
dates was highlighted before the Ld. Arbitrator, but there are no
findings recorded by him on this point. It has been argued on
behalf of the petitioner that the process of sampling adopted by the
respondent was extremely shoddy because the samples have been
taken at the back of the petitioner without giving intimation that the
samples are sent to the laboratory for testing. The relevant reports
from the laboratory also mention that the entire sample sent to
them has been consumed in analysis which leaves no opportunity
for the petitioner to get it tested from the Government laboratory.
The Tender Document provides that in case of any adverse report
OMP (Comm)-124/21 Vivek Pharmachem India Ltd v/s Govt of NCT of Delhi
Page 6 of 29
from the Empanelled Laboratory, the petitioner can get sample
tested from the Government Laboratory. It has been argued on
behalf of the petitioner that a number of communications were
made to the respondent seeking copy of reports given by above
mentioned Empanelled Laboratory and another request was
repeatedly made to the respondents to get the samples tested from
Government Laboratory as provided in the Tender Document, but
the respondent did not reply and accept the requests. There was
serious breach of Principles of Natural Justice committed by the
respondent. This was highlighted before Ld. Arbitrator but no
findings have been recorded on this aspect which makes the
impugned Arbitral Award unsustainable.