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Madras High CourtWP/21740/2025disposed of

M/S.Yohesh Engineering Corporation v. The Neyveli Lignite Corporation India Ltd

2025-06-23Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 24516 OF 2025

1. M/s.Yohesh Engineering Corporation Rep By Its Managing Partner, L.Rajagopal, No.228b, Type II Quarters, Block 6, Neyveli 607 803, Cuddalore District.

Petitioner(s) Vs

1. The Neyveli Lignite Corporation India Ltd Rep. By Its The Chairman, Block No.1, Mines Corporate Office, Neyveli Township, Neyveli 607

801. Cuddalore District.

2.The Chief General Manager Unit Head/ Central Contracts (thermal), The Neyveli Lignite Corporation India Ltd., Nntps Campus, Neyveli 607 807, Cuddalore District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India forbearing the Respondents herein from withholding the petitioners

bids in the pending contracts and in the upcoming contracts where the petitioner has participated, pending decision pursuant to the Show cause notice dated 05.05.2025 in Letter no. CGM / Contracts/ Thermal/ SCN- 5/ 2025 and pass orders.

For Petitioner(s): Mrs.A.L.Gandhimathi, Senior counsel for Mr.L.

Palani Muthu For Respondent(s):

Mr. N. Nithianandam Standing Counsel For R1 And R2.

ORDER

This writ petition has been filed by the petitioner on an apprehension that the respondents will withhold the petitioner's bids in the pending contracts and in the upcoming contracts based on the enquiry that is pending before the 2nd respondent. 2.

When the writ petition came up for hearing on 18.06.2025, this Court passed the following order:- Mr.N.Nithianandam, learned Standing Counsel takes notice on behalf of the respondents. The short issue that has been raised by the learned Senior Counsel appearing on behalf of the petitioner is that a show cause notice dated 05.05.2025 came to be issued by the 2nd respondent and the petitioner has also submitted their explanation and it is pending before the 2nd respondent. In the meantime, an attempt is being made to withhold the bills submitted by the petitioner in the pending contract and also in the

upcoming contracts where the petitioner has participated. The grievance of the petitioner is that till a final decision is taken by the 2nd respondent, the petitioner cannot be deprived of the contracts. 2.The learned standing Counsel for the respondents seeks for sometime to take instructions. Post this writ petition at the end of the motion list on 23.06.2025.

3.

When the writ petition came up for hearing today, the learned Standing counsel appearing on behalf of the Neyveli Lignite Corporation produced the written instructions received from the respondents. On going through the same, it is seen that the enquiry against the petitioner has been explained and it has been made clear that insofar as the evaluation of the tender submitted by the petitioner and others, it will be evaluated as per the procedure in vogue. Therefore, the apprehension of the petitioner as if the tender submitted by him will not be evaluated has been sufficiently answered by the respondent. It is made clear that the action that has already been initiated against the petitioner which is pending before the 2nd respondent can proceed further in accordance with law.

4.

Recording the above, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 23-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Neyveli Lignite Corporation India Ltd Rep. By Its The Chairman, Block No.1, Mines Corporate Office, Neyveli Township, Neyveli 607

801. Cuddalore District.

2.The Chief General Manager Unit Head/ Central Contracts (thermal), The Neyveli Lignite Corporation India Ltd., Nntps Campus, Neyveli 607 807, Cuddalore District.

N.ANAND VENKATESH J.

rka WMP NO. 24516 OF 23-06-2025