Omega Elevators v. Executive Engineer (E)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.10122 of 2020 and WMP Nos.12310 to 12312 of 2020 OMEGA Elevators, Rep. By its Authorized Representative Jagadeesan Gopal, Having Registered Office at 11, Sanjeev Baug Society, New Sharda Mandir Road, Paldi, Ahmedabad 380 007.
...Petitioner
Vs.
1.Executive Engineer (E), CCED-III C.P.W.D./GPRA Campus, Central Public works Department, Thirumangalam, Chennai-40.
2.Regional Research Institute of Unani Medicine (Government Unani Hospital), (Central Council for Research in Unani Medicine, New Delhi), No.1, West Mada Church Road, Royapuram, Chennai 600 013.
...Respondents
Prayer .:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct and/or confirming the first respondent to withdraw the list of makes eligible to participate in the tender reference NIT No.36EE(E) CCED-III/2020-21/CPWD/CHENNAI-40 issued by the first respondent for providing 1No.1000 Kg capacity Goods Lift in newly constructed Pharmacy Block for the second respondent i.e. Regional Research Institute of Unani Medicine at Royapuram or alternatively direct the first respondent to incorporate name of the petitioner i.e.OMEGA Elevators as an eligible bidder in the said tender.
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For Petitioner : Mr.Bhargav Hasur for Ms.Deepa Narayanan For Respondents :
Mr.N.Rajan for R1 CGSC
O R D E R
This matter is taken up for hearing through Video Conferencing mode.
2. This writ petition is filed for a mandamus to direct and/or confirming the first respondent to withdraw the list of makes eligible to participate in the tender reference NIT No.36EE(E) CCED-III/2020-21/CPWD/CHENNAI-40 issued by the first respondent for providing 1No.1000 Kg capacity Goods Lift in newly constructed Pharmacy Block for the second respondent i.e. Regional Research Institute of Unani Medicine at Royapuram or alternatively direct the first respondent to incorporate name of the petitioner i.e.OMEGA Elevators as an eligible bidder in the said tender.
3. The petitioner has questioned one of the tender conditions with regard to the list of makes for providing 1000 Kg capacity goods Lift. It is stated by the learned counsel for the respondents that the very tender itself was cancelled on 21.07.2020 by the first respondent and therefore, nothing remains in this writ petition. However, the learned counsel for the petitioner submitted that if the same condition is imposed in future tender also, the petitioner has to be given liberty to challenge the same.
4. As of now, since the subject matter tender is admittedly cancelled on 21.07.2020, nothing remains to be adjudicated in this matter. However, if the petitioner is aggrieved against any of the clause in future tender, it is open to them to work out their remedy in the manner known to law.
5. With the above observation, the Writ Petition is dismissed as infructuous.
No costs.
The connected miscellaneous petitions are closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi/vri Page No. 2/4
To 1.Executive Engineer (E), CCED-III C.P.W.D./GPRA Campus, Central Public works Department, Thirumangalam, Chennai-40.
2.Regional Research Institute of Unani Medicine (Government Unani Hospital), (Central Council for Research in Unani Medicine, New Delhi), No.1, West Mada Church Road, Royapuram, Chennai 600 013.
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