HEALTH CARE MEDICAL DEVICES PVT. LTD. Vs. M.P. PUBLIC HEALTH SERVICES CORP. LTD.
LAWS(MPH)-2021-3-27
HIGH COURT OF MADHYA PRADESH
Decided on March 16,2021

Health Care Medical Devices Pvt. Ltd. Appellant
VERSUS
M.P. Public Health Services Corp. Ltd. Respondents

JUDGEMENT

Sujoy Paul,J. - (1.) In this petition filed under Article 226 of the Constitution, the challenge is mounted to the order dated 22/01/2021 (Annexure P/14) whereby the respondents have blacklisted the petitioner and further debarred him to participate in any tender process initiated by respondent-corporation for further period of two years.
(2.) Briefly stated, the relevant facts, are that a notice inviting tender (NIT) was issued by respondent No.1 on 05/09/2020 for supply of various types of gloves to deal with Covid-19 pandemic. The gloves were required to be supplied to various government hospitals in the State of Madhya Pradesh. The petitioner submitted his bid along with manufacturer's authorization in prescribed form (Annexure P/4) in September 2020. On 01/10/2020, a Notification of award was issued in favour of petitioner requiring him to supply 5,70,000 pairs of gloves of 5.5 inch and 6,20,000 pairs of gloves of 7 inches. On 15/10/2020, petitioner submitted bank guarantee for performance security of Rs.96,26,800/- (Annexure P/7).
(3.) Shri Vijay Assudani, learned counsel for the petitioner submits that between 31/10/2020 to 20/01/2021, petitioner supplied 65% of said goods against the said order. The petitioner made various correspondences with respondent No.2 (manufacturer) requesting him to supply the gloves in order to enable the petitioner to supply the same to the respondent/corporation. In turn, respondent No.2 informed the petitioner that he could not supply the goods in time because of plant break down and night curfew imposed in his area due to second wave of Covid-19 pandemic in the State of Gujarat. By another communication dated 22/01/2021 (Annexure P/11), the respondent No.2 reiterated his stand and assigned same reason of inability to supply goods.;


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