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a r HIGH COURT OF DELHI
W.P.(C)5757/2018 & CM APPL.22375/2018
FEDERATION OFPHARMA ENTREPRENEURS Petitioner
W.P.(C)5757/2018 & CM APPL.22375/2018
FEDERATION OFPHARMA ENTREPRENEURS Petitioner
VERSUS
EMPLOYEES STATEINSURANCE CORPORATION Respondent
W.P.(C)12049/2018 & CM APPL.46667-46668/2018
FEDERATION OFPHARMA ENTREPRENEURS Petitioner
FEDERATION OFPHARMA ENTREPRENEURS Petitioner
VERSUS
EMPLOYEES STATEINSURANCE CORPORATION Respondent
Present: Mr.SumitChander,Ms.BamaliBasak and Ms.SmeekshaPandey, Advocates for the petitioner in both the matters.
Ms.Geeta Luthra,Sr.Adv. with Ms.Tejaswi KumarPradhan, Ms.Shivani Luthra Lohiya and Ms.Asmita Narula,Advts.for the respondent in both the matters.
COIMM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MR.JUSTICE ANUP JAIRAM BHAMBHANI
19.11.2019
Present: Mr.SumitChander,Ms.BamaliBasak and Ms.SmeekshaPandey, Advocates for the petitioner in both the matters.
Ms.Geeta Luthra,Sr.Adv. with Ms.Tejaswi KumarPradhan, Ms.Shivani Luthra Lohiya and Ms.Asmita Narula,Advts.for the respondent in both the matters.
COIMM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MR.JUSTICE ANUP JAIRAM BHAMBHANI
19.11.2019
C.M.46668/2018 Rexemptionl in W.P.IO 12049/2018
Exemption is allowed subjectto alljust exceptions.
Application stands disposed of.
Exemption is allowed subjectto alljust exceptions.
Application stands disposed of.
W.P.(C)5757/2018 & CM APPL.22375/2018
W.P.IC)12049/2018& CM APPL.46667/2018
The petitioner association has filed the present writ petitions seeking the following prayers:
In W.P.tCI 5757/2018 "a. issue a writ, urder(s) or direction(s) in the nature of certiorari, mandamus or any other appropriate writquashing the notice inviting tenders bearing nos. 142,143,144,145 and 146 dated 22.12.2017 and changes made by way of corrigendum
2019:DHC:7709-DB i dated 24.01.2018 as Annexure-7 to this writpetition and Tender bearing Nos. 142 A, 143 A, 144 A, 145 A, 146 A issued by respondent ESI holding the same to be illegal, arbitrary, unconstitutionaland not maintainable under the law; b. issue a writ of mandamus or any other appropriate writ, order(s) or direction(s) thereby directing the respondent to remove / delete /change the tender condition as stipulated in
NITs No. 142 to 146and corrigendum dated 24.01.2018and NIT
No. 142 A, 143 A, 144 A, 145 A, 146 A through which new clauses have been incorporatedandsubstituted;"
Admittedly, prayer a of the writ petition has become infructuous."
In W.P.tC^ 12049/2018 "a. issue a writ, order(s) or direction(s) in the nature of certiorari, mandamus or any other appropriate writquashing the clause 17 (a) (i) and requirement ofEMD at Page 6 ofNIT bearing No. 147 issued by. respondent ESI holding the same to be illegal, arbitrary, unconstitutionaland not maintainable under the law; b. issue a writ of mandamus or any other appropriate writ, order(s) or direction(s) thereby directing the respondent to remove /delete /change the tender condition as stipulated in
NITsNo.147through which new clauses have been incorporated andsubstituted;"
Mr.Sumit Chander, learned counsel for the petitioner submits that the respondent had introduced tender conditions which would favour only multi nationals and the members of the petitioner association would be seriously prejudiced. Counsel apprehends that although this tender stands awarded, the respondent may introduce these tender conditions in future tenders as well.
Ms.Geeta Luthra, learned senior counsel for the respondent submits that the present writ petition has become infructuous. She submits thatthe petitioner cannot anticipate as to what would be the tender conditions in the subsequent tenders. She further submits that the Railways and CGHS also have similar conditions.
We have heard learned counsels forthe parties.
Having regard to the factthatthe tender has already been awarded,prayer
(a) of the writ petition has become infructuous, the latter prayers in the writ petitions have also been rendered academic. Accordingly,we dispose ofthe writ petition, with liberty as prayed for by the petitioner,to challenge any subsequent tender which may be invited in future containing such tender conditions which the petitioner may deem arbitrary or illegal.
Legal objections ofthe petitioner with regard to clauses 16(a)(ill)and 17 ofthe tender in W.P.(C)5757/2018 and clause 17(a)(i)ofthe tenderin W.P.(C)
12049/2018 are kept open.
The petitioner association has filed the present writ petitions seeking the following prayers:
In W.P.tCI 5757/2018 "a. issue a writ, urder(s) or direction(s) in the nature of certiorari, mandamus or any other appropriate writquashing the notice inviting tenders bearing nos. 142,143,144,145 and 146 dated 22.12.2017 and changes made by way of corrigendum
2019:DHC:7709-DB i dated 24.01.2018 as Annexure-7 to this writpetition and Tender bearing Nos. 142 A, 143 A, 144 A, 145 A, 146 A issued by respondent ESI holding the same to be illegal, arbitrary, unconstitutionaland not maintainable under the law; b. issue a writ of mandamus or any other appropriate writ, order(s) or direction(s) thereby directing the respondent to remove / delete /change the tender condition as stipulated in
NITs No. 142 to 146and corrigendum dated 24.01.2018and NIT
No. 142 A, 143 A, 144 A, 145 A, 146 A through which new clauses have been incorporatedandsubstituted;"
Admittedly, prayer a of the writ petition has become infructuous."
In W.P.tC^ 12049/2018 "a. issue a writ, order(s) or direction(s) in the nature of certiorari, mandamus or any other appropriate writquashing the clause 17 (a) (i) and requirement ofEMD at Page 6 ofNIT bearing No. 147 issued by. respondent ESI holding the same to be illegal, arbitrary, unconstitutionaland not maintainable under the law; b. issue a writ of mandamus or any other appropriate writ, order(s) or direction(s) thereby directing the respondent to remove /delete /change the tender condition as stipulated in
NITsNo.147through which new clauses have been incorporated andsubstituted;"
Mr.Sumit Chander, learned counsel for the petitioner submits that the respondent had introduced tender conditions which would favour only multi nationals and the members of the petitioner association would be seriously prejudiced. Counsel apprehends that although this tender stands awarded, the respondent may introduce these tender conditions in future tenders as well.
Ms.Geeta Luthra, learned senior counsel for the respondent submits that the present writ petition has become infructuous. She submits thatthe petitioner cannot anticipate as to what would be the tender conditions in the subsequent tenders. She further submits that the Railways and CGHS also have similar conditions.
We have heard learned counsels forthe parties.
Having regard to the factthatthe tender has already been awarded,prayer
(a) of the writ petition has become infructuous, the latter prayers in the writ petitions have also been rendered academic. Accordingly,we dispose ofthe writ petition, with liberty as prayed for by the petitioner,to challenge any subsequent tender which may be invited in future containing such tender conditions which the petitioner may deem arbitrary or illegal.
Legal objections ofthe petitioner with regard to clauses 16(a)(ill)and 17 ofthe tender in W.P.(C)5757/2018 and clause 17(a)(i)ofthe tenderin W.P.(C)
12049/2018 are kept open.
CM APPL.22375/2018 in W.P.rO 5757/2018
CM APPL.46667/2018 in W.P.(C)12049/2018
In view of the order passed in the writ petitions, the applications stand disposed of.
G.S.SISTANI,J ANUP JAIRAM BHAMBHANI,J NOVEMBER 19,2019 rb
In view of the order passed in the writ petitions, the applications stand disposed of.
G.S.SISTANI,J ANUP JAIRAM BHAMBHANI,J NOVEMBER 19,2019 rb
W.P.(C)5757/2018& W.P.(C)12049/2018 page3 of3
JUDGMENT