Indian Immunologicals Ltd v. Tamil Nadu Medical Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2018
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN W.A.No.948 of 2010 and M.P.No.1 of 2010 Indian Immunologicals Limited (A Wholly owned subsidiary of the National Diary Development Board) constituted under Central Act 1937 Door No.44 Jubilee Hills Road Hyderabad 500 053 Rep. by the authorized signatory C.B.Saravanan, Regional Incharge, Marketing ...Appellant Vs 1.Tamil Nadu Medical Services Corporation Limited 417 Second Floor, Pantheon Road Chennai 600 008 represented by its General Manager. 2.The Managing Director (Tender Inviting Authority) Tamil Nadu Medical Services Corporate Limited 417 Second Floor, Pantheon Road, Chennai 600 008. 3.The Secretary of Government of Tamil Nadu Health Department (Chairman of Tamil Nadu Medical Services Corporation Limited) Fort St.George Chennai 600 009.
4.Bharat Biotech International Limited Genome Valley, Shameerpet, Hyderabad 500 078 represented by its Director.
5. Chiron Bhring Waxing Private Limited No.501 Shree Amba Shanthi Chambers Andheri Korla Road, Andheri East Mumbai 400 059 represented by its Director
...Respondents
Prayer:- Writ Appeal filed under Clause 15 of Letter Patent Act, to set aside the order passed by this Court in W.P.No.4858 of 2010 dated 30.04.2010.
WP.No. 4858 of 2010:Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records relating to the communication of the 1st respondents dt 25.2.2010 in reference No.001/M(P)/ TNMSC/DRUG/2009 and quash the same and direct the 1st and the
2nd respondent to consider the tender submitted by the petitioner with regard to the drug code number 579 Rabies Vaccine Human (Cell culture) IP (Intra muscular) on merits For Appellant : Ms.Mathuvanthy Madhavan for M/s G.R.Associates For R1 to R3 : Mr.V.Anandhamurthy Additional Government Pleader For R4 : Mr.S.Ramesh
JUDGMENT
(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The learned counsel for the appellant made an endorsement indicating that she is withdrawing the intra court appeal, on account of the subsequent events relating to the expiry of the period prescribed under the tender.
2. The learned counsel submitted that the legal issue raised by the appellant should be reserved for decision in appropriate proceedings.
3. Since the very appeal has become infructuous on account of the efflux of time, we do not find any reason to take up the matter on merits.
The intra court appeal is dismissed as infructuous, pursuant to the endorsement made by the learned counsel for the appellant. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gms To 1.The General Manager Tamil Nadu Medical Services Corporation Limited 417 Second Floor, Pantheon Road Chennai 600 008 2.The Managing Director (Tender Inviting Authority) Tamil Nadu Medical Services Corporate Limited 417 Second Floor, Pantheon Road, Chennai 600 008.
3.The Secretary of Government of Tamil Nadu Health Department (Chairman of Tamil Nadu Medical Services Corporation Limited) Fort St.George Chennai 600 009.
+1 cc to the Govt Pleader High Court Madras sr 8385 W.A.No.948 of 2010 br(co) aa22/02/2018