Kisan Kraft Machine Tools Pvt. Ltd. v. Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1225 of 2016 Kisan Kraft Machine Tools Pvt. Ltd. Organized Under The Companies Act Of India, Having Its Registered Office Sri Huchhanna Tower, # 4, 1st Main, 7 A Cross, Maruthi Layout, Dasarahalli, H.A.F. Post Hebbal, Bangalore, 560024 (Karnataka) Regional Office At Transport Nagar, Rawa Bhatha, Raipur Chhattisgarh Through Authorized Signatory, Shri Ramesh Narayan S/o Late J. Narayan, Aged About 34 Years, R/o D 131 Sector 1, Near Hanuman Temple, Devendra Nagar, Raipur, P.S. Ganj Thana, Civil And Revenue District Raipur Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited Through Its Managing Director Beej Bhawan Telibandha, G.E. Road, Raipur District Raipur Chhattisgarh

2. Nextenders (India) Pvt. Ltd. Saket B 31, Shailendra Nagar, B 31, Opposite Gulab Industries, Raipur, District Raipur Chhattisgarh, 492001

3. Chhattisgarh Infotech Promotion Society (CHIPS) 3rd Floor, State Data Centre Building, Opp. New Circuit House Civil Lines, Raipur, 492001 Chhattisgarh ---- Respondents For Petitioner : None.

For Respondent No.1 : Shri Vivek Shrivastava, Advocate.

For Respondent No.2 : Shri Rahim Ubwani, Advocate on behalf of Ms. Fouzia Mirza, Advocate.

Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri P. Sam Koshy, Judge.

Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 28/03/2017 1.

On 16.3.2017, this Court had recorded the submission on behalf of the 1st Respondent that the rate contract has already been issued in favour of other nine tenderers and as such, this petition has become infructuous. Though at the request of Learned Counsel for the Petitioner adjournment was granted by a week, no further pleadings or material has been placed on record.

2.

We have perused the writ petition, the exhibits therewith as well as the return and rejoinder filed by the Respondents and the Petitioner. We are of the view that the issue in hand cannot be adjudicated at this point of time in writ jurisdiction. Hence, leaving open the eligibility of the Petitioner to seek relief, if any, in accordance with law in the event of there is any breach of any term of contract or proposal, which would crystallize into a legal right in favour of the Petitioner, this writ petition is dismissed.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu