SHOBIKAA IMPEX PVT LTD. Vs. CENTRAL MECAL SERVICES SOCIETY
SUPREME COURT OF INDIA
Shobikaa Impex Pvt Ltd.
Central Mecal Services Society
Click here to view full judgement.
DIPAK MISRA,J. -
(1.) The instant appeal, by special leave, has been filed questioning the justifiability of the judgment and order dated
10.05.2016 passed by the High Court of Delhi at New Delhi in W.P.(C) No.1994 of 2016 whereby the Division Bench has
declined to interfere with the decision taken by the
respondents to treat the bid submitted by the appellants as
non-compliant with the conditions of Invitation for Bids (IFB)
which resulted in dismissal of the writ petition and the
application for clarification.
(2.) The appellant No.1 is a company incorporated under the Companies Act, 1956 and the appellant No.2 is a
proprietorship concern and its authorized agent is a director of
the said company. The appellant-company commenced
manufacture of its insecticide product, Long Lasting
Insecticide Net ("LLIN"). The World Health Organization
Pesticides Evaluation Scheme (WHOPES) is the global body for
monitoring, evaluating and approving LLIN brands, for without
the said recommendation LLIN cannot be sold in the market.
It is averred that WHOPES conducts very stringent tests at
three levels before it gives recommendation to a product,
which includes laboratory test, wash effective test and
bio-efficacy field trial test, and due to rigorousness of the test,
only handful of LLINs have been recommended by WHOPES
and the appellants' product that is DURANET® is one of them.
The appellant No.1 was issued a license to manufacture
insecticide on 08.01.2014 under the Insecticides Rules, 1971
(for short, "the Rules") and also allowed for carrying on
wholesale dealing and storage for sale. The license granted in
favour of the appellant was renewed from time to time and it
was valid till 31.12.2015.
(3.) As the facts as have been unrolled, the appellant No.2 vide application No. 45295 applied for provisional registration
for the insecticides product, i.e., Alphacyphermethrin
Incorporated Long Lasting Mosquito Bed Net (commercial
name being DURANET® ) to the Central Insecticide Board
(CIB) as per Section 9(3B) of the Insecticide Act, 1968 (for
short, "the Act"). The Registration Committee of (CIB) in its
354TH meeting dated 31.03.2015 approved LLIN, that is, DURANET® for provisional registration under Section 9(3B) of
the Act for Public Health Programmes. We shall refer to the
said decision of the CIBRC at the relevant stage.;
Copyright © Regent Computronics Pvt.Ltd.