| Citation(s) |
|---|
| 2016 SLG 568 2016 SLD 568 2016 PLD 19 2016 PLJ 109 |
Sindh High Court
Suits Nos. 2605, 2283, 2346, 2587, 2617, 2249 of 2014 and 14 of 2015, decided on 4th September, 2015.
MUHAMMAD ALI MAZHAR, J
Ravi R. Pinjani for Plaintiffs (in Suits Nos.2605, 2617, 2587 of 2014 and 14 of 2015) and for Defendant No. 4 (in Suit No. 2346/2014 and for Intervener in Suit Nos.2249 and 2283 of 2014). Yawar Farooqi and Irfan Ahmed Memon for Plaintiffs (in Suits Nos.2
Suits Nos. 2605, 2283, 2346, 2587, 2617, 2249 of 2014 and 14 of 2015, decided on 4th September, 2015.
MUHAMMAD ALI MAZHAR, J
Ravi R. Pinjani for Plaintiffs (in Suits Nos.2605, 2617, 2587 of 2014 and 14 of 2015) and for Defendant No. 4 (in Suit No. 2346/2014 and for Intervener in Suit Nos.2249 and 2283 of 2014). Yawar Farooqi and Irfan Ahmed Memon for Plaintiffs (in Suits Nos.2
Messrs POPULAR INTERNATIONAL (PVT.) LTD. through Authorised Officer and another--Plaintiffs
VS
PROVINCE OF SINDH through Secretary, Ministry of Health, Government of Sindh, Karachi and 4 others----Defendants
Law: Specific Relief Act, 1877
Section: 42,54
Law: Sindh Public Procurement Rules, 2010
Section: 4,31,48,49
Law: Sindh Public Procurement Act, 2009
Section: 5
(a) Sindh Public Procurement Act (IV of 2009)---- ----S. 5---Sindh Public Procurement Rules, 2010, Rs.4, 31, 48 & 49---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Functions and powers of Procurement Regulatory Authority---Principles of procurement---Acceptance of bids---Award of contract---Redressal of grievances---Claim relating to previous financial years---Enforceability---Special and general damages, right as to---Plaintiffs questioned award of tender, work orders issued for supply of different pharmaceutical products and decision rendered by Complaint Redressal Committee relating to financial years 2014 to 2015---Defendants invited tenders for financial years 2015 to 2016 excluding those items regarding which injunctive order had been issued by High Court, and in which plaintiffs had also participated and made bids---Plea taken by defendants was that due to said interim injunctive orders, public at large was suffering, and that after lapse of financial year, issue of past tenders and its award could not be reopened or considered, as budget for previous financial year had already lapsed---Validity---Dispute, in the present case, had discernable nexus with public interest, which merited expeditious disposal to safeguard and vouch for rights of general public---Procurement laws were, however, meant to uphold and preserve transparency---High Court disposed of suits in following terms: Bids submitted by plaintiffs for financial years 2013-2016 would be considered by Evaluation/Technical Committee in transparent manner; plaintiffs would be informed in writing to enable them to ensure their representation at time of opening of their bids before concerned Committee; tender proceedings would be conducted by defendants and concerned department strictly in accordance with law quickly and without any further delay; if plaintiffs were declared qualified by Technical Committee to participate in further proceedings, their bids and tender documents would be placed for financial opening, and if plaintiff were declared successful, they would be issued work orders in accordance with Sindh Public Procurement Act, 2009…
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