IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.3615-3622/2018 (GM-TEN) BETWEEN:
1. M/S. ELEGANT DRUGS PVT. LTD. PHARMACEUTICAL MANUFACTURERS CTS No.122/112, NEW COTTON MARKET HUBBALLI-DHARWAD KARNATAKA – 580 029 REPRESENTED BY ITS DIRECTOR MR. BHARAT OSTWAL 2. M/S. S. M. PHARMACEUTICALS PLOT No.#37/A2 PILLAGUMPE INDUSTRIAL AREA HOSKOTE, BENGALURU – 562 114 KARNATAKA REPRESENTED BY ITS PARTNER MR. CHANDRAKUMAR CHAWALA 3. M/S. MAHENDRA LABS PVT. LTD.
371 & 372, 4TH PHASE PEENYA INDUSTRIAL AREA BENGALURU, KARNATAKA – 560 058 REPRESENTED BY ITS DIRECTOR MR. MADAN NAHAR 4. M/S. MCO HOSPITAL AIDS PVT. LTD. # 10, 1ST MAIN ROAD AMAR JYOTHI LAYOUT SANJAY NAGAR, BENGALURU KARNATAKA – 560 094 REPRESENTED BY ITS SALES EXECUTIVE MR. MOHAMMAD JAFFAR 5. M/S. OSMED FORMULATIONS PVT. LTD.
56 – 57 INDUSTRIAL AREA MAXI ROAD, NEEMANWASA UJJAIN, MADHYA PRADESH – 456 010 REPRESENTED BY ITS SALES MANAGER MR. ANIL RAWAL.
6. M/S. ZENITH DRUGS PRIVATE LIMITED SURVEY No.72/5, MURADPURA ORANGPURA, DHAR ROAD NEAR KALARIA, INDORE MADHYA PRADESH – 453 001 REPRESENTED BY ITS SALES MANAGER MR. ANIL RAWAL 7. M/S. ZURICH HEALTH CARE 21 B, MAXI ROAD, UJJAIN – 456 001 INDUSTRIAL AREA REPRESENTED BY ITS SALES EXECUTIVE MR. MOHAMMAD JAFFAR 8. M/S. GLOBAL MEDIKIT LIMITED 3, DR. G.C. NARANG MARG NEW DELHI, INDIA – 110 007 REPRESENTED BY ITS SALES EXECUTIVE MR. MOHAMMAD JAFFAR ... PETITIONERS (BY SRI. MAHAMAD TAHIR A., ADV.) AND 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. KARNATAKA STATE DRUGS LOGISTICS AND WAREHOUSING SOCIETY A GOVERNMENT OF KARNATAKA ENTERPRISE No.1, DR. SIDDIAH PURANIK ROAD (MAGADI ROAD) KARNATAKA HOUSING BOARD COLONY BENGALURU – 560 079.
REPRESENTED BY ITS ADDITIONAL DIRECTOR.
…RESPONDENTS (BY SRI. SRIDHAR N. HEGDE, ADV., FOR R-1; SMT. M.C. NAGASHREE, ADV., FOR R-2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE CONDITIONS AS PER SECTION-I(7)(a), SECTION-II(2)(a), SECTION-II (10) AND SECTION-II(15)(2) VIDE ANNEXURES-A TO A3 AS BEING UNREASONABLE, IRRATIONAL AND ARBITRARY AND HENCE VIOLATIVE OF ARTICLE 19(1)(g) AND ARTICLE 14 IN RESPECT OF THE FOLLOWING TENDER NOTIFICATION ISSUED BY THE RESPONDENT No.2 VIDE ANNEXURE-A, ANNEXURE-A1, ANNEXURE-A2 AND ANNEXURE-A3; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Mahamad Tahir, learned counsel for the petitioners.
Sri. Sridhar N. Hegde, learned Additional Government Advocate for the respondents.
2. Learned counsel for the parties jointly submitted that the writ petitions have been rendered infructuous on account of efflux of time.
3. Accordingly the writ petitions are dismissed as having become infructuous.
Sd/- JUDGE RD