The Chairman v. M/S.Supreme Power Equipment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.4.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.Nos.444 to 452 of 2017 and W.M.P.Nos.6708 to 6724 of 2017 1 The Chairman Tamil Nadu Electricity Board No.144 Anna Salai Chennai-600 002.

2 The Chief Engineer Materials Management TANGEDCO 144 Anna Salai Chennai 600 002.

...Appellants in all the Writ Appeals

Versus

1 M/s.Supreme Power Equipment Pvt. Ltd Rep. by its Managing Director Mr.Vee Rajmohan No.55 SIDCO Industrial Estate Thirumazhisai Chennai-600 124 2 M/s.Danya Electric Company Rep. by Managing Partner K.V.Pradeep No.512/2 Nayapakkam High Road Papparambakkam Village Thiruvallur District & Taluk Papparambakkam-602 025.

3 Sree Abirami Engineering Works Rep. by its Managing Partner Sirsabesan No.56 Arunachalam Main Road Ambal Nagar Porur Chennai-600 116.

4 M/s.Tamil Nadu Transformers Rep. by its Partner B.Arivalagan No.53 SIDCO Industrial Estate SIPCOT Ranipet-622 403 Vellore District.

5 M/s.Sri Ramakrishna Transformers Rep. by its Managing Partner Mr.A.Arun Kumar No.52/1A Morrattandi Vanur Taluk Villupuram-605 101 6 Suntech Transformers Rep. by its Partner B.Chandrasekaran No.52 SIDCO Industrial Estate SIPCOT Ranipet-632 403 Vellore District 7 Wilson Power & Distribution Technologies Pvt. Ltd Rep. by its Managing Director S.Srinivsan Orakkadu Village Cholavaram Chennai-600 067.

8 Suriya Electrical Enterprises Rep. by its Managing Partner Mr.E.Wenceslaus No.24 & 25/1 Anna Nagar Kolathuvancherry Paraniputhur Post Chennai-600 122 9 S.L.Electricals Rep. by Prop. T.Srinivsan No.325 Odaman Nagar Vanagaram Chennai-95.

10 Lavanaya Industries Rep. by its Partner P.R.Kannan No.4A Kuppuswamy Nagar Sivabhootha Medu Pillayar Koil Street Vanagaram Chennai-95.

11 Sri Vinayaga Star Electricals Rep. by its Prop. C.Pethuraj No.9 Rajas Garden Mettukuppam Main Road Chettiar Agaram Chennai-77 12 Vinai Electricals Rep. by its Partner A.Periyanayagam No.4/123 1st Street Balaji Nagar Koluthuvancherry Chennai-122

13 V.K.Transformers Rep. by its Proprietor A.Periyanayagam No.4/123 1st Street Balaji Nagar Koluthuvancherry Chennai-122 14 The Bureau of Indian Standards Rep. by its Chief Scientist Southern Region IV Cross Road CIT Campus Taramani Chennai-113.

...2nd Respondent in WA.451/17 and 452/17

...Respondents 1 to 14 in

WA.Nos 444,445,446,447,448,449,450/17 15 EMMESS Control Private Limited Rep. by its Director Mr. Srinivasan D.P.90, 91 & 92 SIDCO Industrial Estate Thirumazhisai Chennai-124.

...15th Respondent in WA No.444,447,448,449,450/17 AMPTECH Power Transformers Rep. by managing partner S.Arunachalam, 8/42, Athipalayam Road, Chinna Vedampatty, Coimbatore ...16th Respondent in WA.449/17 M/s.Current Electricals Ltd., Rep. by its Executive Director, Mr.Saravanan, Survey No.184/2 & 2013, Thirumudivakkam Village, Kanchipuram District, Chennai-600 044.

...1st Respondent in WA No.451/17 M/S.Current power Equipments Private Ltd., rep. by its Director Mr.Saravanan, SF.No.214, Near SIDCO Industrial Estate Street, Thirumudivakkam, Sriperumpudur Taluk, Kanchipuram District, Chennai-44.

...1st Respondent in WA No.452/17 Central Power Research Institute, Rep. by its Chief Scientist, Kodandarampura, Armane Nagar, Bengaluru, Karnataka-560080 ...3rd Respondent in WA.Nos. 451 and 452/17

Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 2.3.2017 passed in W.P.Nos.3778 to 3784, 3929 and 3930 of 2017 on the file of this court. Prayer in W.P.No.3778 of 2017: This writ petition is filed under Article 226 of the constitution of India to issue a Writ of Mandamus (1) directing the respondents 1 and 2 to grant 3 months time to the petitioners for submission of BIS Certification from the 3rd respondent pending evaluation of tender notification No.M-15/16-17, M-16/16,17, M-17/16-17, M-18/16-17, M-22/16-17, M-23/16-17 in WP.Nos.3778 to 3782,3783,3784/17 respectively extended dated 31.01.2017 24.01.2017, 20/01/17, 28/01/2047, 03/02/2017, 07/02/2017, 04/02/2017 in WP.Nos.3778 to 3782,3784/17 respectively.

(2) directing the 1st and 2nd Respondents to grant 4 months time to the petitioners for submission of Bureau of Indian Standards (BIS) Certification from the 3rd respondent and Type Test Certification from 4th respondent pending evaluation of tender notification No.M-15/16-17, M-16/16,17, M-17/16-17, M18/16-17, M-19/16-17, M-22/16-17 and M-23/2016-17 date 20/01/2017 to 07/02/2017 (in Wp.Nos.3929 and 3930/2017). For appellants in all cases : Mr.S.K.Rameshuwar For R7 in all cases : Mr.P.S.Raman, Senior Counsel for Mr.T.Sathyamoorthy COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.

2. The writ appeals have been filed by the Tamil Nadu Electricity Board, challenging the common order of the learned Single Judge granting eight weeks time from the date of receipt of copy of that order, to enable the writ petitioners to obtain BIS certification and type test certification and get qualified to participate in the tender.

3. It is now brought to the notice of the court that the time granted by the learned Single Judge is almost coming to an end and all the formalities have also been completed. Considering the same, this court is of the view that there cannot be any scope for interference with the order of the learned Single Judge. Accordingly, the writ appeals are disposed of. No costs. The connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk To

1. The Bureau of Indian Standards, Southern Region, IV Cross Road, CIT Campus, Taramani, Chennai-113.

2. The Director, EMMESS Control Private Limited, D.P.90, 91 & 92, SIDCO Industrial Estate, Thirumazhisai, Chennai-124.

3. The Chief Scientist, Central Power Research Institute, Kondandaranoyra, Armane Nagar, Bengaluru, Karnataka 56080.

+1cc to Mr.R.Sivaraman, Advocate, S.R.No.23969 +3cc to M/s.Mani Sundaragopal, Advocate, S.R.No.23934 +2cc to Mr.S.K.Rameshuwar, Advocate, S.R.No.23690 W.A.Nos.444 to 452 of 2017 SAI(CO) RS(16/05/2017)