M.Muruganandham v. The Procurement Leadar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Writ Petition No.32014 of 2014 & M.P.No. 1 of 2014 M.Muruganandham, Managing Director, M/s. M.M.Cylinders Pvt. Ltd., No.28, Besant Avenue, Adyar, Chennai-600 020.

... Petitioner -Vs1. The Procurement Leadar (CPO)-Group V, Bharat Petroleum Corporation Ltd., 'A' Installation, Sewree Fort Road , Sewree (East), Mumbai-400015.

2. B.S.Reddy, Chief Executive Officer, M/s.M.M.Cylinders Pvt. Ltd., Plot No.15, 1st Floor Sundar Nagar, Erragadda Hyderabad-500038.

.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records under Letter in CPO:GR V:2014-15:01 dated 24.11.2014 with respect to the e-tender dateed 30.06.2014-CRFQ No.1000211658 invited for supply of 14.2. kg LPG Cylinders and quash the same.

For Petitioner : Mr. S.Suresh For Respondents : Mr. Harikrishnan (for M/S.S.Ramasubramaniam and Associates for R1) Mr. P.John (for M/S.Fox Mandal Associates for R2) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The 1st respondent is the procurement leader with regard to the distribution of the LPG cylinder. The petitioner as well as the 2nd respondent claimed the agency for the same on the basis that they are controlling the company M.M Cylinders Pvt.Ltd. Finding that there was an ongoing dispute between the petitioner and the 2nd respondent, the 1st respondent company sent a communication to submit form 32 filed with Registrar of Companies, Share Transfer Certificate and certified copy of Memorandum and Articles of associations of M/s. M.M. Cylinder Pvt. Ltd,. the petitioner herein. The said letter has been challenged in the present writ petition.

2. The learned counsel appearing for the 1st and 2nd respondents would submit that during the pendency of the writ petition, the tender was alloted to some third party and therefore, the claim of the petitioner as well as the 2nd respondent has become infructuous. Recording the same, this writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar sha/kpr To The Procurement Leadar (CPO)-Group V, Bharat Petroleum Corporation Ltd., 'A' Installation, Sewree Fort Road , Sewree (East), Mumbai-400015.

+1cc to M/s.Fox Mandal Associates, Advocate SR.No.11901 +1cc to Mr.Ramasubramaniam, Advocate SR.No.11909 W.P.No.32014 of 2014 & M.P.No. 1 of 2014 MG(CO) CB(05/04/2022) https://hcservices.ecourts.gov.in/hcservices/