GANPATI DIAGNOSTIC CENTRE Vs. STATE OF RAJ AND ORS.

JUDGEMENT

(1.) BY way of filing the present writ petition under Article 227 of the Constitution of India, the petitioner -firm is challenging the order dated 8.8.2008 Annexure -13 passed by Civil Judge (J.D.) & Judicial Magistrate, Bikaner in Civil Case No. 214/2008 whereby the trial Court decided the application filed under Order 39 Rule 1 & 2 read with Section 151 of CPC filed by the respondent No. 4 - EMKAY Medicare Services, so also the order dated 12.2.2009 passed by District Judge, Bikaner in appeal No. 92/2008 filed by the petitioner -firm against the order dated 8.8.2008 passed by the Civil Judge (J.D.) & Judicial Magistrate, Bikaner.

(2.) THE brief facts of the case are that the respondent Nos.2 and 3 invited tendered for package of diagnostic machines to install at PBM Hospital, Bikaner pertaining to MRI Machine and CT Scan Machine. The petitioner along with certain other persons and private respondent No. 4 submitted their tenders. The first tender notice was issued on 29.2.2008. Thereafter, a corrigendum was issued on 24.4.2008 whereby dates were extended and fresh bidders were also granted opportunity to file their bids, so also, an opportunity was given to the old bidders to make fresh bids in case they did not submit bid. The petitioner's case is that new technical and financial bid was submitted by him and on consideration of the applications, the petitioner was declared the lowest bidder and firm - Indiana Nuclear Med. Centre was 5 declared second lowest bidder and respondent No. 4 - EMKAY Medicare Services was declared the third lowest bidder. Therefore, the petitioner was called for negotiation and finalization.

(3.) THE petitioner by way of filing the present writ petition is challenging both the orders on various grounds under Articles 226 and 227 of the Constitution of India.