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Madras High CourtWP/11426/2020closed

Meera Sivasankaran v. The Deputy General

2020-09-04Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11426 of 2020 and W.M.P. Nos.13938, 13942 & 13945 of 2020 Meera Sivasankaran, W/o Mr.Sivasankaran, Proprietrix, M/s.Lakshmi Travels, No.1, Vasantha Garden Street, Ayanavaram, Chennai - 600 023.

...Petitioner

Vs.

The Deputy General Manager (Engg-C)-II Airports Authority of India, Chennai Airport Project, Civil Circle-II, Bid Manager, Chennai - 600 016.

...Respondent

Prayer .:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the respondent in respect of tender Application in Tender No.AAI/CAP/CC-II/Vehicles/2020 dated 27.07.2020 of the respondent, quash the same and direct the respondent to permit the petitioner to participate in the tender process.

For Petitioner : Mr.N.Senthilkumar For Respondent : Mr.S.Venkatesan

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed challenging the tender application dated 27.07.2020 and consequently direct the respondent to permit the petitioner to participate in the tender process.

https://hcservices.ecourts.gov.in/hcservices/

3. It is stated that the petitioner Company was blacklisted by M/s.Bharat Electronics Limited, Nandambakkam, Chennai-89, on an allegation that they have issued an invalid solvency certificate to them. The petitioner seems to have challenged the said order of blacklisting before this Court and this Court, by an interim order in W.P.No.4381/2020 and W.M.P.No.5178/2020 dated 24.02.2020, observed that the word 'Blacklisting' may not be used as against the petitioner, if the petitioner was to apply to any other firm for providing services. Now, the petitioner wants to participate in the tender called for by the respondent and however, the apprehension of the petitioner is that because of the blacklisting done by M/s.Bharat Electronics Limited, the petitioner would not be permitted to take part in the tender. Therefore, the present writ petition is filed with the relief as stated supra.

4. Counter affidavit is filed by the respondent wherein it is specifically stated that if the petitioner is found to be eligible subject to having qualified all the terms and conditions and is declared successful in the official bid, then the tender shall be awarded to the petitioner.

5. Considering the above stated facts and circumstances and in view of the interim order passed by this Court in W.P.No.4381/2020 dated 24.02.2020 and the specific stand taken by the respondent in their counter affidavit as stated supra, this Writ Petition is closed by recording the above statement made by the respondent. No costs. The connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To The Deputy General Manager (Engg-C)-II Airports Authority of India, Chennai Airport Project, Civil Circle-II, Bid Manager, Chennai - 600 016.

+1 cc to M/s.S.Venkadesan, Advocate Sr.No. 28954 W.P.No.11426 of 2020 RSV(CO) RMP(14/09/2020) https://hcservices.ecourts.gov.in/hcservices/