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Madras High CourtWP/4232/2021disposed of

M/S. Excel Engineering Enterprises v. The Managing Director

2021-02-19Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and WMP No.4834 of 2021 M/s.Excel Engineering Enterprises, Represented by its Proprietor Kumaresan.

....

Petitioner Vs.

The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

.... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to permit the petitioner to participate in the tender process pertaining to the Tender Notice issued by the respondent in Tender Notice No.CED5/042443/2019, dated 13.01.2021 for Design and Erect the Automation facilities to TNCSC Ware houses for grain bag and gunny bundle handling system and Generator. 1/5

For Petitioner : Mr.P.Ravikumar For Respondents : Mr.Vijay Narayan, Advocate General Assisted by Mr.L.P.Shanmuga Sundar Standing Counsel

ORDER

Mr.L.P.Shanmuga Sundar, learned Standing Counsel accepts notice on behalf of the respondent.

2. By consent of both the parties, this writ petition is taken up for final disposal.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondent to permit the petitioner to participate in the tender process pertaining to the Tender notice Notice No.CED5/042443/2019, dated 13.01.2021 for Design and Erect the Automation facilities to TNCSC Ware houses for grain bag and gunny bundle handling system and Generator.

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4. After hearing the arguments of the learned counsel for the petitioner as well as Mr.Vijay Narayan, learned Advocate General, assisted by Mr.L.P.Shanmuga Sundar, learned Standing Counsel appearing for the respondent for quite sometime, the learned Advocate General, on instructions, would now submit before this Court that the respondent is willing to extend the date for opening of the bids to enable the petitioner to participate in the tender by another period of 4 working days from today. The learned counsel for the petitioner is satisfied for the present, if the petitioner is allowed to participate in the subject tender within 4 working days from today.

5.

After recording the submissions of the respective learned counsels, this Court directs the respondent to extend the last date for submission of bids to the petitioner alone till 25.02.2021 at 2.00 p.m to enable the petitioner to participate in the tender. On instructions, the learned Advocate General would submit that the petitioner will have to collect the tender documents from the respondent's office physically on or before 3/5

19.02.2021 before 5p.m. On instructions, he would also submit that the bids under the impugned tender will not be opened on or before 25.02.2021 till 2.00 p.m.

6.

With the aforesaid direction, this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 19.02.2021 Note : Upload order copy on 19.02.2021 before 5.00 p.m. Issue order copy on 19.02.2021 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order vsi2 To The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

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ABDUL QUDDHOSE, J.

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