Authority: Calcutta High Court (Civil Appellate Jurisdiction)
Order Date: 08 October 2026
Case Overview
- Parties: ICHOR Biologics Private Limited (appellant) vs. State of West Bengal & others (respondents).
- The dispute arose from the appellant’s disqualification at the technical round of a tender for plasma‑derived products because its renewed licence under Form 26(I) had not yet received the stamp of the Central License Approving Authority.
- The tender required a “valid licence for manufacturing plasma derived products approved by the Licensing Authority.”
- Respondents argued that without the Approving Authority’s stamp the licence was invalid; the appellant contended that renewal by the State Licensing Authority is sufficient and that the Approving Authority’s approval is merely a formality.
- The court examined the Drugs Rules 1945, particularly Rules 68A, 122F, 122H and the distinction between the Licensing Authority and the Central License Approving Authority.
- It noted that renewal under Form 26(I) is valid for five years from the date of issuance by the Licensing Authority and that the second proviso to Rule 122F(1) permits continued operation pending approval.
Final Outcome
- The court set aside the impugned order, held the appellant’s licence to be valid, and ordered that its financial bid be opened along with other bidders.
- The appeal and related applications were disposed of.
Topics: Drug Licensing, Tender Eligibility