Authority: High Court of West Bengal
Order Date: 17 June 2026
Case Overview
- Petitioner: ICHOR Biologics Private Limited; Respondents: State of West Bengal and associated authorities.
- Original tender notice dated 6 Oct 2023 invited bids for collection of discarded/excess/surplus screened Fresh Frozen Plasma (FFP) from Blood Component Separation Units of state government blood banks, with an initial contract period of one year, extendable for two additional years.
- Work order issued to petitioner on 15 Jan 2024 for one‑year period, with provision for extension upon satisfactory performance.
- Extensions granted: 16 Jan 2025 – 15 Jan 2026 (one year); 3 Feb 2026 – 16 Apr 2026 (three months); 13 Mar 2026 – 30 Jun 2026 (two months). No extension to the full additional year as originally contemplated.
- Petitioner argued that, per tender clause, contract should have been extendable to 15 Jan 2027 and that the fresh tender notice dated 19 May 2026 (Clause 9) required bids to remain valid for one year after opening, which was set for 18 Jun 2026.
- State counsel contended that the work order contains a termination clause allowing termination with three‑month notice and that authorities are entitled to issue a fresh tender, having extended the contract only to 30 Jun 2026.
Final Outcome
- The Court finds that the authorities deviated from the original contractual extension provisions by granting only three‑month and two‑month extensions instead of a full one‑year extension.
- The Court permits the authorities to open the fresh tender on 18 June 2026 but disallows any effect of the extension beyond 30 June 2026; the petitioner must participate in the tender under its terms and cannot claim a contract extension to 15 Jan 2027.
- The writ petition is disposed; certified copies of the order may be supplied upon request.
Topics: Tender Procurement, Contract Extension