Mahalaxmi Malt Products Pvt Ltd v. Union Of India & ANR.

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAHALAXMI MALT PRODUCTS PVT LTD .....Petitioner Through:

Mr. Pranjal Kishore and Ms. Madiya Mushtaq, Advocates.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Mukul Singh, CGSC with Ms. Ira Singh and Mr.

Aryan Dhaka, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 11.12.2024 CM APPL. 72726/2024 1.

The instant matter has been listed on the present application. However, considering the nature of prayer made in the application, in the opinion of the Court, the main writ petition itself can be disposed of. 2.

Accordingly, with the consent of counsel for parties, the writ petition is called on board today itself.

3.

Disposed of.

4.

The Petitioner, engaged in the manufacturing of malted milk foods, malt based foods, malt extract etc., had applied for registration with Respondent No. 2/ Army Purchase Organisation,1 for supply of malted food in October 2021. The APO issued a communication dated 08th July, 2022 to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the following effect:

"Dear Sir,

1. Reference your application No NIL dated 13 Nov 2021

2. In light of turnover less than required, non submission of requisite documents and supporting details by the firm as specifically sought from time to time, this office is constrained not to further process thecase for registration of your firm with APO."

3. For your information please."

5.

As per the aforenoted communication, the Petitioner's request for registration was turned down as their turnover was less than the prescribed turnover for entities that were entitled to registration. Further, according to the Respondents, the Petitioner had also not submitted requisite documents and supporting details of their firm, resulting in the refusal of their application for registration.

6.

The prayer made in the petition is being contested by the Respondents as per the counter affidavit. They urge that Petitioner's documents and the financial turnover was not found to be meeting the requirements. 7.

During the pendency of the present proceedings, the Petitioner has now filed a fresh application for registration with the APO under File No. 62003/Q/Gen/APO (Regn Cell). In this regard, the Petitioner also sent a communication dated 09th May, 2024 to the APO, which was responded to by the APO through communication dated 10th May, 2024, informing them about the process and the documents required for registration. The Petitioner replied to the said communication apprising the Respondents that the requisite documents had been sent through registered post. There was further correspondence with the APO, which has been detailed in the application (CM APPL. 72726/2024). In this regard, another communication dated 29th 1 "APO"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

November, 2024 was issued by the Directorate General and Supplies and Transport, which reads as follows:

"

"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

From the aforenoted communication, it appears that as per the technical and hygiene inspection carried out at the Petitioner's premise, the Petitioner's facilities have been found to be in order. 9.

In light of the aforesaid circumstances, the Petitioner seeks limited directions to the Respondents to consider their fresh application for registration and take a decision thereon, in accordance with law. 10.

In view of the foregoing, the Court finds that the request made is reasonable.

Accordingly, the Respondents are directed to consider Petitioner's application under File No. 62003/Q/Gen/APO (Regn Cell) on its own merits, in accordance with law and convey the decision thereon to the Petitioner, within four weeks from today.

11.

All rights and contentions of the parties are reserved. 12.

The Court has not commented on the merits of the application of Petitioner.

13.

With the aforesaid directions, the petition is disposed of. 14.

The next date of hearing fixed, i.e., 15th April, 2025 stands cancelled. SANJEEV NARULA, J DECEMBER 11, 2024 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.