Chhattisgarh HC Gives Gujarat Pharmacy One Month To Refile Tender Challenge Withdrawn After Technical Bid Opened

The petitioner sought relief concerning a State-approved extension of its rate contracts for eight items and challenged the evaluation process in a tender for Ayurvedic medicines, including the treatment of competing bidders’ technical bids.

The petitioner submitted that, after filing the petition, the tender’s technical bid had been opened and sought to withdraw the petition with liberty to file a fresh petition with better particulars.

The State and the other appearing respondents did not oppose the request.

The judgment cites no statute, precedent, or substantive legal doctrine.

The Court acted on the petitioner’s request to withdraw the petition and the respondents’ lack of objection, permitting a fresh petition with better particulars within the stated period.

The Court did not examine the merits of the petitioner’s claims concerning the rate contracts or tender evaluation.

In light of the intervening opening of the technical bid, the petitioner sought withdrawal to bring a fresh petition with better particulars; as the appearing respondents raised no objection, the Court allowed withdrawal and granted limited liberty to refile.

The petitioner was permitted, if so advised, to file a fresh writ petition with better particulars within one month.

The Court made no determination on the merits of the tender or rate-contract claims.