Megawin Switchgear Pvt Ltd. v. Tamilnadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE S.KANNAMMAL W.A.No.1385 of 2021 and C.M.P.Nos.8850 & 9279 of 2021 Megawin Switchgear Private Limited, Rep. By its Managing Director, Perumal malai Adivaaram Alagapuram Post, Salem - 636 004.

.. Appellant/Petitioner Vs.

1. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Rep. By its Chairman, NPKRR Maaligai, Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

2. The Director - Distribution Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maaligai, Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer/Materials Management TANGEDCO, IV Floor, Western Wing, NPKRR Maaligai Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

4. M/s.C.G.Power and Industrial Solutions Ltd., (Formerly M/s.Cormpton Greaves Limited), No.3, Dr.M.G.R.Salai, Nungambakkam Chennai - 600 034.

.. Respondents/Respondents Appeal filed under Clause 15 of Letters Patent against the order dated 11.03.2021 made in W.P.No.6150 of 2021.

Prayer in W.P.6150 of 2021 : Writ Petition filed under Article 226 of the constitution of India for Issuance of Writ of Certiorarified Mandamus to call for the entire records relating to E-Tender specification No.M17/2020-21 on the file of the 3rd respondent, quash the same and the consequential premature and illegal award of purchase order/contract in Letter No.CE/MM/SE/MM-III/EE/BKR/AEE2/F.M.17/20-21/ Po.No.139/D.790/ 2020 dated 30.12.2020 issued by the 3rd respondent and further direct the 3rd respondent to call for a fresh tender for the supply of 33KV, Single Bus, 25KV, 1250 Amps Indoor Vaccum Circuit Breaker panels afresh and complete the tender process by strictly adhering to the provisions of Tamilnadu Transparency in Tenders Act, 1998 and Tamil Nadu Transparency in Tender Rules 2000.

For Appellant :

Mr.D.Shivakumaran For Respondents :

Mr.Jaivenkatesh for R1 to R3 No appearance for R4

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This appeal is preferred against the order dated 11.03.2021 made in W.P.No.6150 of 2021.

2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondents 1 to 3.

3. After making submissions on merit, learned counsel appearing for the appellant submitted that in tune with the order of the learned Single Judge leaving all the issues open, the appellant may be permitted to file an appeal.

4. Considering the above, the appellant is permitted to file an appeal within a period of four weeks from the date of receipt of a copy of this judgment, leaving all the issues open.

5. The writ appeal stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mmi/ssm

To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maaligai, Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

2. The Director - Distribution Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maaligai, Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer/Materials Management TANGEDCO, IV Floor, Western Wing, NPKRR Maaligai Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

+1CC to Mr.L.Jaivenkatesh, Advocate, Sr.No.41688 +1CC to Mr.D.Shivakumaran, Advocate, Sr.No.41986 W.A.No.1385 of 2021 AK-II (CO) K.RK. (13.09.2021)