M/S MDC PHARMACEUTICALS LIMITED vs EMPLOYEE STATE INSURANCE CORPORATION & ORS.

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1072/2025, CM APPL. 5284-85/2025 MDC PHARMACEUTICALS PRIVATE LIMITED .....Appellant Through: Mr. Abhishek Sethi and Ms. Richa Sethi, Advocates. versus EMPLOYEE STATE INSURANCE CORPORATION THROUGH ITS DIRECTOR GENERAL ....Respondents Through: Mr. Shlok Chandra, Standing Counsel with Mr. Sankalp Sharma, Advocate. % Date of Decision: 28th January, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J: (ORAL) 1. The present petition challenges the e-mail dated 27.01.2025 issued by respondent no.2, Medical Commissioner, ESIC (hereinafter referred to as “Respondent Corporation”), whereby the bids submitted by the Petitioner Company were rejected on the ground of being non- responsive so far as the technical bid is concerned. The rejection was based on the Petitioner Company having failed to submit the valid requisite documents as per clause 8 of e-Tender Enquiries under consideration i.e., documentary evidence for Zone-2. 2. The facts, shorn of unnecessary details and germane to the issue at hand and collated from the underlying writ petition, are as follows: Signature Not Verified W.P.(C) 1072/2025 Page 1 of 11 Digitally Signed By:MADHU SARDANA Signing Date:10.02.2025 16:15:02 a. That on 28.05.2024, five e-Tender Enquiry Nos.159 to 164 were floated by the Respondent Corporation with a view to populating its Rate Contract List for supply of drugs enumerated in the schedule annexed to the said e-tenders. The bids were allowed to be submitted uptill 01.07.2024 (till 10 a.m.). The said date, however, was extended till 15.07.2024 upto 10 a.m. Vide a Corrigendum dated 26.06.2024, the date of opening of the technical bids was changed from 02.07.2024 at 10 a.m. to 16.07.2024