OWP No. 168/2017 and M.P. No. 01/2017. Case: Parkash Cotton Industries Vs State and Ors.. Jammu and Kashmir High Court

Case Number:OWP No. 168/2017 and M.P. No. 01/2017
Party Name:Parkash Cotton Industries Vs State and Ors.
Counsel:For Appellant: Vishal Goel, Advocate and For Respondents: Rohit Kapoor, A.A.G.
Judges:B.S. Walia, J.
Issue:Commercial Law
Judgement Date:February 17, 2017
Court:Jammu and Kashmir High Court
 
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Judgment:

B.S. Walia, J.

  1. Writ Petition has been filed seeking amendment/recall/deletion of Clause 1 of the Eligibility Criteria for tender reference No. JKMSCL/Cotton and Adhesive Plaster/2017/128 dated 18.01.2017, ID 2017 HME 364481 whereby only firms registered with the Jammu and Kashmir Medical Supplies Corporation (herein after referred to as the JKMSCL) have been permitted to participate in the tender on the ground that the same is de hors the rules and regulations of JKMSCL and in the alternative, for the issuance of a Writ of Mandamus commanding alteration/modification of the Clause requiring registration with JKMSC in so far as it mandates holding of a three years market standing as condition precedent for the registration of the firms on the ground that the clause was illegal, arbitrary, against Government Policy and circulars, besides actuated with bias, in the alterative for the issuance of a Writ of Certiorari for quashing tender reference No. JKMSCL/Cotton and Adhesive Plaster/2017/128 dated 18.01.2017 on ground's of it containing Clauses which were arbitrary, discriminatory and actuated with bias.

  2. Relevant Clause as is contained in Instructions to Bidders at page No. 24 of the paper-book reads as under:-

    "1. Only firms registered with JKMSCL are allowed to participate in the tendering process. The registration of the bidders/manufacturers/dealers shall be carried in the Corporate Offices of JKMSCL i.e. 121-Green Avenue, Hyderpora, Srinagar/Ist Floor, Drug Store Building, Govt. Medical College, Bakshi Nagar, Jammu as per the details mentioned in Annexure "S". The registration shall close seven days prior to the date of uploading the bids on the website of JKMSCL."

  3. Guidelines for Registration/Empanelment are contained in page No. 68 of the paper book and read as under:-

    Guidelines for Registration/Empanelment are as under:

    1. The registration fees of Rs. 10,000/- (Rs Ten thousand only) for the Original Manufacturer, Direct Importers, Authorised Representative (s), Agent (s) and Dealer (s) of various Original Manufacturers/Direct Importers and Rs. 5,000/- (Rs. Five thousand only) per group by SSI Units of J & K state only, associated with the production/business of Cotton and Adhesive Plaster, shall have to be paid in the form of Demand Draft only drawn on any scheduled/nationalised bank in favour of Jammu and Kashmir Medical Supplies Corporation Limited payable at Jammu/Srinagar.

    2. Manufacturers/firm placed abroad shall have to pay in INR equivalent to 1,000/- dollars (One thousand dollars only) for direct participation in any of the bidding process for the supply of Cotton and Adhesive Plaster to JKMSCL in the form of Demand Draft only as given in condition No. 1 above.

    3. The registration with regard to Lab kits shall be valid for a period of one year from the date of issuance of registration no./certificate which shall further be renewed thereafter keeping in view the genuineness/performance of firms/bidders with regard to timely and quality supply of the items ordered for, by JKMSCL.

    4. The registration fees shall be NON-REFUNDABLE.

    5. The registration/empanelment shall in no case be renewed for the original manufacturer (s), Importer (s), Authorised Representative (s), Dealer (s), Agents and Suppliers, which are/were declared as defaulters on one or more grounds including non compliance/delay in the supply of items or any of the Central/State Government procuring agency (ies) or any other Corporation with Union of India.

    6. The authorised representative (s), dealer (s), supplier (s), agent (s) blacklisted/debarred for any default (s) with regard to its authorisation/representation or otherwise, by/for any of the original manufacturer (s)/Importer (s) shall not be allowed to register/for renewal of registration.

    7. Firms/bidders i.e. Original Manufacturers (including SSI units of J & K State), Direct Importers and their Authorized representatives, agents and dealers shall have to submit documents as per the details mentioned below, along with an application for registration on the letter head of the company/duly signed and sealed by the proprietor/Managing Director/Chairman/Authorized Signatory.

    Note: In case of Authorized Signatory, latest original letter of Authorization (issued not before one month) authenticating the signatures and photo of the authorized signatory shall also have to be enclosed along with the application.

    For Manufacturers/SSI Units:

    a. Non Conviction certificate.

    b. Average Annual Turnover Certificate for last three financial years (Duly Certified).

    c. Valid Drug License issued by Competent Authority

    d. Copy of Product permission certificate/license issued by licensing authority.

    e. Copy of PAN card.

    f. Copy of TIN No.

    g. Quality certification (s) of the...

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