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SCA/7973/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7973 of 2010
=========================================================
BIOTECH
INTERNATIONAL PVT LTD & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & & 2 - Respondent(s)
=========================================================
Appearance
:
MR MIHIR JOSHI Sr.Advocate with MR SAHIL SHAH for M/s.NANAVATI
ASSOCIATES for
Petitioners : 1 - 2.
MR PRAKASH K JANI GOVERNMENT PLEADER for
Respondents : 1,
DS AFF.NOT FILED (N) for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2,
MR AKHIL SIBAL and MR DEEPAK KHUSAVA
with MR AB MUNSHI for Respondents :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 11/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. After
the arguments being heard, for final disposal, at some length and
before learned
counsel
Mr.Akhil Sibal commenced his arguments, a limited consensus was
arrived at among the contesting parties and representatives of the
State Government, for an order in the following terms.
2. In
view of urgent requirement of the product, the purchase of which is
the subject-matter of the petition, it was agreed that, without
prejudice to the rights and contentions of the parties and without
the Court expressing any opinion on merits of the matter, the parties
would state their case in writing,
latest by 14.08.2010, before the Secretaries Purchase Committee for
appropriate decision in respect of appropriate equivalence of the two
rival products for placement of orders by the Government in terms of
requirement of the quantity. The Committee is expected to take into
consideration the material relevant for the purpose. It was agreed
that the parties shall have a fresh and independent bidding of price
and the State Government shall have the option to negotiate for the
lowest minimum price at which the product could be purchased from
either or both of the rival parties, who have joined the tendering
process; irrespective of the price mentioned in the price bid of each
of the tenderers. However, the parties shall not be permitted to
quote any price higher than the price already quoted by them in their
price bid.
3. The
petition is disposed in terms of the above consensus with liberty to
the parties concerned to challenge the decision of the Secretaries
Purchase Committee on such ground as may be available, but also with
the hope that future litigation, if any, shall not come in the way of
immediate supply of the required product, which is required in public
interest at the present juncture for fulfillment of immediate public
need. It is understood among the parties that, except for the above
issues being decided after consideration of the representations by
Secretaries Purchase Committee and the matter of fresh price bids,
the other terms and conditions of the tender as also the tender forms
submitted by the parties shall continue to bind the parties. The
Secretaries Purchase Committee stated to have been constituted for
the purpose by the State Government shall convene its meeting for
consideration, as aforesaid, and finally decide upon the issue of
awarding the contract to either of the contending parties on or
before 20.08.2010 in view of the urgent requirement of the product in
question.
4. Accordingly,
the petition is disposed with the direction that parties shall act
according to the consensus recorded hereinabove and the interim
relief granted herein shall continue to operate till the decision of
the Secretaries Purchase Committee constituted by the State
Government. No costs.
Sd/-
(
D.H.Waghela, J.)
Sd/-
(
Bankim N.Mehta, J.)
(KMG
Thilake)
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