Dismissed

Sangrose Laboratories Pvt. Ltd. v. State of Kerala

Kerala HC15 Feb 2021WP(C)/3798/2021

Case brief

AI extract

What is this about?

The Court examined a writ petition challenging the petitioner's blacklisting for three years. Counsel for the 2nd respondent highlighted the availability of an appeal mechanism under Clause 6.39 of Ext.P1 tender conditions and the procedure for stay petitions.

What did the court decide?

Petitioner advised to file appeal under Clause 6.39 and lodge stay petition within a week.

Sangrose Laboratories Pvt. Ltd. Vs State of Kerala — Kerala HC (2021) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

¶5

WP(C).No.3798 OF 2021(Y)

¶6

PETITIONER:

¶7

SANGROSE LABORATORIES PVT. LTD. INDUSTRIAL ESTATE, KALLIMEL P.O, MAVELIKKARA, REPRESENTATED BY ITS MANAGING DIRECTOR

¶8

BY ADV. SRI.VINCENT JOSEPH

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001

¶11

2 THE MANAGING DIRECTOR, KERALA MEDICAL SERVICE CORPORATION LTD, THYCAUD P.O, THIRUVANANTHAPURAM, PIN-695 014

¶12

ADV.SMT.VINITHA.B, GP ADV.SRI.M.AJAY,SC

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No.3798 OF 2021(Y)

¶15

¶16

JUDGMENT

¶17

Dated this the 15th day of February 2021

¶18

The petitioner is aggrieved by Ext.P14

¶19

order by which it is black listed for a period of three years.

¶20

Adv.Sri.M.Ajay, the learned Standing counsel appearing for the 2^nd respondent points out that there is a provision for appeal under Clause 6.39 of Ext.P1 tender conditions.

¶21

Therefore, it is open to the

¶22

petitioner to approach the Appellate authority

¶23

in tune with Clause 6.39. In case the

¶24

petitioner submits an appeal within a period of one week, the 1^st respondent shall consider the same and pass appropriate orders after affording an opportunity of hearing to the

¶25

petitioner and the 2^nd respondent within a period of one month from the date of receipt of

¶26

WP(C).No.3798 OF 2021(Y)

¶27

¶28

a copy of the judgment. In case the petitioner submits a petition for stay of operation of Ext.P14, the orders shall be passed within a

¶29

week.

¶30

Sd/P.V.ASHA JUDGE

¶31

WP(C).No.3798 OF 2021(Y)

¶32

¶33

APPENDIX

¶34

PETITIONER'S EXHIBITS:

¶35

EXHIBIT P1	TRUE COPY OF RELEVANT PAGES OF E-
	TENDER NO.KMSCL/GRG/ED/I AND II/RC/2019/011 DATED 12.11.2019 FOR THE PURCHASING AZITHROMYCIN TAB.
EXHIBIT P2	TRUE COPY OF LETTER OF INTENT NO.KMSCL/DRG/ED/871/2019 REQUESTING THE PETITIONER TO SUPPLY THE MEDICINE NAMED AZYTHROMYCIN TAB.500 MG.
EXHIBIT P3	TRUE COPY OF PURCHASE ORDER ON 12.03.2020 BEARING NO.KMSCL/D- 1/00303/20-21 ISSUED BY 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 17.03.2020.
EXHIBIT P5	TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 08.04.2020.
EXHIBIT P6	TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.05.2020.
EXHIBIT P7	TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 12.06.2020.
EXHIBIT P8	TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 26.06.2020.
EXHIBIT P9	TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 03.07.2020.
EXHIBIT P10	TRUE COPY OF THE MEMORANDUM NO.F 18/4/2020-PPD ISSUED BY MINISTRY OF FINANCE, GOVERNMENT OF INDIA.
EXHIBIT P11	TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.07.2020 ISSUED BY THE 2ND

¶36

WP(C).No.3798 OF 2021(Y)

¶37

¶38

RESPONDENT.

¶39

EXHIBIT P12 TRUE COPY OF THE REPLY LETTER DATED 27.07.2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 05.08.2020 IN W.P.(C) NO.15874/2020 PASSED BY THIS HONOURABLE COURT. EXHIBIT P14 TRUE COPY OF ORDER NO.KMSCL/DRG/ED/I &II/200-SLP/2020,THIRUVANANTHAPURAM DATED 29.11.2020 ISSUED BY THE KERALA MEDICAL SERVICES CORPORATION LIMITED, THIRUVANANTHAPURAM.

¶40

RESPONDENTS EXHIBITS: NIL

¶41

//TRUE COPY//

¶42

PA TO JUDGE

Sangrose Laboratories Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sangrose Laboratories Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ojasvis Construction Solutions Vs the State of Kerala

Ojasvis Construction Solutions Vs the State of Kerala

Pentalegacy Private Limited Vs Vijayan.a.K

Rajeevan, Vs the District Level Authorization Committee for Transplantation of Human Organs

Dr. Anjana P.v., Vs State of Kerala

Sultan Thomas Oommen Vs Election Commission of India