| Case ID |
ead0156f-0617-4e1e-9266-8c6a17091f9e |
| Body |
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| Case Number |
Suit No. 62 and C.M.A. No. 543 of 2015 |
| Decision Date |
Mar 26, 2015 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the plaintiff, allowing them to challenge the procurement process for life-saving medicines conducted by the Provincial Government. The court emphasized the importance of transparency and non-discrimination in the procurement rules, particularly regarding the evaluation of drug bids. The court highlighted that the plaintiff's product was being provided at a significantly lower price than competitors, and the rejection of the plaintiff's bid based on FDA/EMA approval was deemed arbitrary and unjustified as it was not stipulated in the tender documents. The court directed the authorities to re-evaluate the bids in accordance with the relevant laws, ensuring fair competition and adherence to procurement rules. |
| Summary |
This case revolves around the procurement of life-saving medicines for hepatitis patients by the Sindh Government. The plaintiff, Getz Pharma (Pvt.) Limited, challenged the acceptance of a competitor's tender, arguing that the tender process lacked transparency and discriminated against local manufacturers. The court found that the procurement process violated the Sindh Public Procurement Rules, particularly regarding the principles of fair competition and non-discrimination. The ruling emphasized the need for transparency in public procurement, ensuring that local manufacturers are not unfairly disadvantaged. The case highlights the importance of adhering to established procurement standards and the implications of arbitrary decision-making in governmental tenders. Key terms include procurement, transparency, discrimination, life-saving medicines, and fair competition. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD SHAFI SIDDIQUI, JUSTICE
|
| Lawyers |
Faisal Siddiqui,
Muhammad Vawda,
Qazi Majid,
Zia-ud-Din Junejo,
Haider Ali Khan,
Sarmad Hani,
A. Sattar Pirzada,
Mamoon Chaudhary,
Yawar Farooqui,
Irfan Memon,
Khalid Jawed
|
| Petitioners |
MESSRS GETZ PHARMA (PVT.) LIMITED THROUGH AUTHORISED PERSON
|
| Respondents |
PROVINCE OF SINDH THROUGH CHIEF SECRETARY, GOVERNMENT OF SINDH AND 7 others
|
| Citations |
2016 SLD 2380,
2016 PLD 479,
2016 PLJ 215
|
| Other Citations |
PLD 2013 Isl. 85,
2014 SCMR 676,
2007 SCMR 554,
1974 SCMR 356
|
| Laws Involved |
Specific Relief Act, 1877,
Sindh Public Procurement Rules, 2010
|
| Sections |
42,
54,
13,
21,
26,
44
|