Minil Laboratories Pvt Ltd v. Union Territory Of J And K
2021-05-19
SANJEEV KUMAR
body2021
DigiLaw.ai
ORDER : 1. The petitioners claim that they are small scale industrial units engaged in the manufacture of drugs and pharmaceuticals. The petitioners further claim that they have been supplying to the respondents the drugs of standard quality as per their requirement for the last about three decades. 2. It is the grievance of the petitioners that abbreviated tender notice inviting bids for the supply of veterinary medicine in the Union Territory of Jammu and Kashmir bearing E-NIT No.3-DAHK/SLPC of 2021 dated 16th of Mach, 2021, was issued by respondent No.2 on behalf of respondent No.1, and the last date for submission of bids was fixed on 20th of April, 2021 and the date of opening of bids was 24th of April, 2021. It is claimed that soon after the issuance of tender notice in question, the entire country got adversely affected by the second wave of COVID-19. Initially the States like Maharashtra came under lockdown resulting into a very short supply of the raw materials. The respondents taking note of this unforeseen situation and also having regard to the representation of the local manufacturers, extended the last date for submission of tenders up to 5th of May, 2021. 3. It is contended that unfortunately on 29th of April, 2021, the Government of Jammu and Kashmir also announced lockdown in all major districts including the district of Jammu. Initially the lockdown was announced for a period from 29th of April, 2021 to 3rd of May, 2021 but the same was later on further extended till 10th of May, 2021. It is, thus, submitted that because of this lockdown and restrictions imposed on the movement of the people and their activities, the petitioners could not prepare the tender documents, particularly those which required affidavit and necessary attestation. The last date for submission of tenders which was extended to 5th of May, 2021 also rann out. The petitioners, as they claim, were incapacitated to participate in the tendering process. 4. It is in this backdrop, the petitioners have filed the instant petition seeking, inter-alia, a direction to respondent No.1 to 3 to extend the last date for submission of tenders suitably to allow the effective participation of the petitioners having regard to the lockdown/curfew restrictions imposed by the Government in connection with COVID-19 surge.
4. It is in this backdrop, the petitioners have filed the instant petition seeking, inter-alia, a direction to respondent No.1 to 3 to extend the last date for submission of tenders suitably to allow the effective participation of the petitioners having regard to the lockdown/curfew restrictions imposed by the Government in connection with COVID-19 surge. The petitioners also pray, in the alternative, to direct the respondents to accept their bids belatedly without insisting upon attestation of documents as mandated in the tender notice under reference. Lastly, the petitioners pray that in case, for some reason, it is not possible to grant the reliefs aforesaid, this Court may issue a Writ of Certiorari quashing the tender notice dates 16th of March, 2021 itself. 5. The matter came up for consideration before this Court on 17of May, 2021, when before issuing notice to the respondents, Mr. K. D. S. Kotwal, learned counsel representing the respondents, was asked to file an affidavit providing the details of the number of bids received in response to the e-NIT in question. 6. In response, an affidavit signed by one Purnima Mittal, Director, Animal Husbandry, Jammu, has been filed, wherein it is indicated that in response to the NIT in question, the respondents have received 26 bids from different parts of the Country which include one bid from Alfa Disinfectants, Gangyal Jammu, and one from Ambrosia Pharma, Srinagar. 7. Having heard learned counsel for the parties and perused the record, I am of the view that there has been delay, remissness and indolence on the part of the petitioners in responding to the impugned NIT. Indubitably, the NIT in question was issued on 16th of March, 2021, and the last date for submission of bids was fixed on 20th of April, 2021. For this more than one month, indisputably, there were no lockdown/curfew restrictions imposed in the Union Territory of Jammu and Kashmir. The petitioners could have very well responded to the NIT and complete all the requisite formalities including attestation of documents etc, which has not been done by them. There is also no explanation coming forth from the petitioners as to why they could not do so during the aforesaid period. 8. Be that as it may, the respondents vide communication dated 22nd April, 2021, further extended the last date for submission of tender documents to 5th of May, 2021.
There is also no explanation coming forth from the petitioners as to why they could not do so during the aforesaid period. 8. Be that as it may, the respondents vide communication dated 22nd April, 2021, further extended the last date for submission of tender documents to 5th of May, 2021. The petitioners had enough time to submit their bids between 20th of April, to 29th of April, 2021 when the lockdown/curfew like restrictions were imposed in various districts of Union Territory of Jammu and Kashmir. In any case, the petitioners could have approached this Court before the last date was over and filed the petition which they chose to file only after the last date was over. This Court cannot appreciate this conduct of the petitioners. 9. Many arguments were advanced by Mr. Goel including relaxation of limitation granted by Supreme Court by issuing an order under Article 142 of the Constitution of India. 10. In the given facts and circumstances, which I have explained above, the equity does not tilt in favour of the petitioners. Had the petitioners acted with due diligence and then prevented by the reasons beyond their control, this Court could have come to their rescue. The petitioners have missed the bus and for them this Court cannot extend or direct the respondents to extend the last date for submission of tender documents which may, in some manner, prejudice the rights of those 26 tenderers who have submitted their bids well within time. 11. For the foregoing, I find no merit in this petition and the same is, accordingly, dismissed along with connected CM(s).