Disposed

S.S. Medical Systems (India) Pvt. Ltd. v. Union of India & Ors.

Delhi HC16 May 2024W.P.(C)/7001/2024

Case brief

AI extract

What is this about?

Writ petition challenged issuance of work orders to respondent no.4 pursuant to a GeM e-tender and sought re-evaluation of the petitioner's bid. The court noted three unresolved representations and disposed of the petition directing respondent no.3 to decide them by a speaking order within one week, leaving all contentions open.

What did the court decide?

Petition disposed of; respondent no.3 directed to treat it as a representation and pass a speaking order within one week; rights left open.

S.S. Medical Systems (India) Pvt. Ltd. Vs Union… — Public Procurement and Tenders | Delhi HC (2024)

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7001/2024 & C.M.Nos.29138-29139/2024

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S.S. MEDICAL SYSTEMS (INDIA) PVT LTD ..... Petitioner

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Through: Mr.Arush Bhandari, Advocate.

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versus

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UNION OF INDIA & ORS. ..... Respondents Through: Ms.Saumya Tandon, CGSC with Ms.Megha Sharma, Mr.Alok Singh and Mr.Sachin, Advocates for R-1 & 3. Ms.Ankita Panikkar with Mr.Kushagra Verma, Advocates for R-2.

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 16.05.2024

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Present petition has been filed challenging the issuance of work orders to respondent no. 4 pursuant to E-tender bearing no.GEM/2023/B/3489880 dated 13^th June, 2023 issued by respondent no.1. The petitioner further prays for issuance of directions to respondent nos.1 and 3 to re-evaluate the bid of the petitioner and grant the petitioner the entitled counter offer benefit of 25% of the tender work. In the alternative, the petitioner prays for directions to respondent no.1 and 3 to disqualify the respondent no. 4 in respect of the subject tender and grant the petitioner the entitled counter offer benefit of 50% of the tender work.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:40:41

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After some arguments, it transpires that the petitioner has made three representations dated 12^th March, 2024, 30^th March, 2024 and 08^th May, 2024, which have not been disposed of till date.

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Learned counsel for Tendering Authority/respondent no.3 states that it will dispose of the representations filed by the petitioner prior to the award of the contract in question as the same would take at least two weeks.

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Consequently, this Court disposes of the present writ petition along with the applications with a direction to respondent no.3 to treat the present writ petition as a representation of the petitioner and decide the same by way of a speaking order in accordance with law within one week. This Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left open.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MAY 16, 2024 KA

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S.S. Medical Systems (India) Pvt. Ltd. v. Union of India & Ors.

Case brief

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S.S. Medical Systems (India) Pvt. Ltd. v. Union of India & Ors.

Case brief

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