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Madras High CourtWP/21970/2018withdrawn dismissed

The Acetech Machinery v. The Chairman And Managing

2020-10-09Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2020

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.21970 of 2018 and W.M.P.Nos.25771 to 25773 of 2018 and 29316 and 29317 of 2018 The Acetech Machinery Components India Pvt.Ltd 70,711, Thirumurugan Nagar, 4th Cross, Vadavalli Post Coimbatore 641 041.

Represented by Mr.Ram Mohan, VP Business Development ... Petitioner

Versus

1. The Chairman and Managing Director, Tamil Nadu Urban Finance and Infrastructure Development Corporation (TUFIDCO), No.490, Anna Salai, Nandanam, Chennai 600 035.

2. The Tender Evaluation Committee, Tamil Nadu Urban Finance and Infrastructure Development Corporation (TUFIDCO), No.490, Anna Salai, Nandanam, Chennai 600 035.

3. M/s.Larsen and Toubro Limited, Having its Registered Office at Larsen and Toubro Limited, L & T House, Ballard Estate, P.O Box 278, Mumbai - 400 001.

4. Kerala State Electronics Development Corporation Ltd., Having Office at Keltron House, Vellayambalam, Thiruvananthapuram, Kerala - 695 033

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records of the first respondent in relation to the impugned notification dated 07.08.2018 with respect to the RFP No.TUFIDCO/CCC/738/AM(M)/2017 declaring the third respondent as the L1 and all records consequent thereto, and quash the same as

being arbitrary and illegal in as much as the third respondent's bid is technically non-compliant, and consequently direct the first and second respondents to re-evaluate the bids strictly in the manner provided for under RFP bearing No.TUFIDCO/CCC/738/AM (M)/2017 and award the contract to the petitioner since it is technically qualified and is the L1 in terms of the tender terms and conditions.

For Petitioner : Mr.R.Parthasarathy For Respondents: Mr.Vijay Narayan, Advocate General 1 & 2 Assisted by Mr.V.Jayaprakash Narayan, Special Government Pleader For Respondent-3:Mr.P.Raj Kumar Jhabakh For Respondent-4:Mr.U.Bharanidharan

ORDER

Today, this matter is listed under the caption "for withdrawal" based on the letter dated 05.10.2020 submitted by the learned counsel appearing for the petitioner. The learned counsel for the petitioner also sought permission of this Court to withdraw this writ petition.

2. In view of the submission made by the learned counsel for the petitioner and the letter sent to the Registry, the Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn/rsi To

1. The Chairman and Managing Director, Tamil Nadu Urban Finance and Infrastructure Development Corporation (TUFIDCO), No.490, Anna Salai, Nandanam, Chennai 600 035.

2. The Tender Evaluation Committee, Tamil Nadu Urban Finance and Infrastructure Development Corporation (TUFIDCO), No.490, Anna Salai, Nandanam, Chennai 600 035.

3. Kerala State Electronics Development Corporation Ltd., Having Office at Keltron House, Vellayambalam, Thiruvananthapuram, Kerala - 695 033 W.P.No.21970 of 2018 and W.M.P.Nos.25771 to 25773 of 2018 and 29316 and 29317 of 2018 GJ(CO) RMP(10/11/2020)