Madras High CourtWMP/23678/2019disposed of

Manjeet Kapoor v. Tamilnadu Textbook And Educational Services Corp

2019-10-23Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Twenty Third day of October Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU WMP.Nos.23678, 26105 and 26144 of 2019 in WP.No.23823 of 2019 MR.MANJEET KAPOOR [PETITIONER IN WP.23823/19 & PROPRIETOR M/S MANJEET PLSTIC WMP.236781/19 AND INDUSTRIES 30/56 WEST PUNJABI 1st RESPONDENT IN WMP.26105/19 BAGH,NEW DELHI 110 026.

AND 1st RESPONDENT IN WMP.26144/19] Vs 1 TAMILNADU TEXTBOOK AND [1st RESPONDENTS IN WP.23823/19 & EDUCATIONAL SERVICES CORP, WMP.23678/19 AND 2nd RESPONDENTS REP.BY ITS MANAGING DIRECTOR, IN WMP.26105/19 AND PETITIONER 68, E.V.K. SAMPATH MALIGAI, D.P.I.

IN WP.26144/19] CAMPUS, COLLEGE ROAD CHENNAI TAMILNADU 600 006.

2 M/S. XO FOOTWEAR PRIVATE [2 TO 9 RESPONDENTS IN WP.23823/19 & LIMITED, REP. BY ITS MANAGING WMP.23678, 26144/19 AND 3 TO 10 DIRECTOR A-122, MANGOLPURI, RESPONDENTS IN WMP.26105/19] INDUSTRIAL AREA PHASE II, DELHI 110 034.

3 M/S. INFINITY FOOTWEAR PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, 313/36-B MAIN ROAD, CHARA MANDI, INDERLOK NEW DELHI 110 015.

4 M/S SUMAJA ELECTRO INFRA, REP. BY ITS MANAGING DIRECTO. H.NO.14, G.F., BLK- B5 MODEL TOWN, DELHI NORTH DELHI 110 009.

5 M/S MB RUBBER PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR 195, GANGAN VIDHAR, DELHI 110 051.

6 M/S. HB RUBBER PRIVBATE LIMI TED, REP. BY ITS MANAGING DIRECTOR 195, GAGAN VIHAR DELHI 110 051.

7 M/S CHARANPAADUKA INDUSTRIES PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, 11/371, 1ST FLOOR, SUNDERVIHAR, OUTER RING ROAD, DELHI 83.

8 M/S. B.N.G. FASHINON GEAR PR IVATE LIMITED,, REP. BY ITS MANAGING DIRECTOR 319-320, SECTOR 17, FOOTWEAR PARK HSIIDC, BAHADURGARH, HARYANA 124 507.

9 M/S. LIBERTY SHOES REP. BY ITS MANAGING DIRECTOR, LIBERTY PURAM, 13TH MILESTONE GT KARNAL ROAD, KUTAIL PO BASTARA, KARNAL HARYANA 10 M/S. LAWERHWAR POLYMERS [10TH RESPONDENT IN WP.23823/19 & REP. BY ITS MANAGING DIRECTOR, WMP.23678, 26144/19 AND PETITIONER A-243 (A) ROAD NO. 6, IN WMP.26105/19] V.K.I. AREA JAIPUR RAJASTHAN 302 013 Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to 1 WMP No.23678 of 2019 To pass an order of interim injunction restraining the 1st Respondent from finalising or awarding the contract in pursuance to the tender bearing reference Rc No. 558/PUR II / 2019 2 WMP No.26105 of 2019 To vacate the interim order dated 14.8.2019 granted in WMP No.23678 of 2019 in WP No.23823 of 2019 3 WMP No.

26144 of 2019 To Vacate the Interim Injunction passed by this Honble Court in WMP.No.23678 of 2019 in WP No. 23823 of 2019 dated 14.08.2019. Order : These petitions coming on this day for hearing upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of Mr.Avi Singh, Learned Counsel for Mr.K.Newlin Frederick, Learned Counsel for the Petitioner, Mr.Vijay Narayan, Learned Advocate General assisted by Mr.C.Munusamy, Learned Special Government Pleader (Education) appearing for the First Respondent, Mr.T.N.C.Kaushick, Learned Counsel appearing for the Second Respondent, Mr.K.V.Sajeevkumar, Learned Counsel appearing for the Third Respondent, Mr.R.Thiyagarajan, Learned Senior Counsel for Mr.V.R.Kamalanathan, Learned Counsel appearing for the Fourth Respondent, Mr.M.

Palanimuthu, Learned Counsel appearing for the Fifth Respondent, Mr.P.S.

Mr.S.Thiruvengadam, Learned Counsel appearing for Sixth Respondent, Mr.G.Masilamani, Learned Senior Counsel for Mr.V.Kumaravelan, Learned Counsel appearing for the Seventh Respondent, Mr.V.Ayyadurai, Learned Senior Counsel for Mr.M.Baskar, Learned Counsel appearing for the Ninth Respondent and Mr.Bharadwajaramasubramaniam. R, Learned Counsel appearing for the Tenth Respondent the Court made the following order:- Heard Mr. Avi Singh, Learned Counsel for Mr.K.Newlin Frederick, Learned Counsel for the Petitioner, Mr.Vijay Narayan, Learned Advocate General assisted by Mr.C.Munusamy, Learned Special Government Pleader (Education) appearing for the First Respondent, Mr.T.N.C.Kaushick, Learned Counsel appearing for the Second Respondent, Mr.K.V.Sajeevkumar, Learned Counsel appearing for the Third Respondent, Mr.R.

Thiyagarajan, Learned Senior Counsel for Mr.V.R.Kamalanathan, Learned Counsel appearing for the Fourth Respondent, Mr.M.Palanimuthu, Learned Counsel appearing for the Fifth Respondent, Mr.P.S.Raman, Learned Senior Counsel for Mr.S.Thiruvengadam, Learned Counsel appearing for Sixth Respondent, Mr.G.Masilamani, Learned Senior Counsel for Mr.V.Kumaravelan, Learned Counsel appearing for the Seventh Respondent, Mr.V.Ayyadurai, Learned Senior Counsel for Mr.M.Baskar, Learned Counsel appearing for the Ninth Respondent and Mr. Bharadwajaramasubramaniam. R, Learned Counsel appearing for the Tenth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

Learned Advocate General appearing on behalf of the First Respondent submits that after examination of samples of school bags submitted by all the bidders, identical recommendations have been received from the two laboratories to which they had been sent for quality test and in view of the same, the First Respondent may be permitted to issue work orders to the selected bidders.

Having regard to the aforesaid subsequent developments, the interim order passed on 18.09.2019 is further modified to the effect that the First Respondent is at liberty to proceed further in the matter in accordance with law, subject to the result of the Writ Petition, which shall be mentioned in the decisions taken.

The Miscellaneous Petitions are disposed on the aforesaid terms.

-sd/- 23/10/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE MANAGING DIRECTOR, TAMILNADU TEXTBOOK AND EDUCATIONAL SERVICES CORP, 68, E.V.K. SAMPATH MALIGAI, D.P.I. CAMPUS, COLLEGE ROAD CHENNAI TAMILNADU 600 006.

C.C. to K.NEWLIN FREDERICK Advocate on payment of necessary charges C.C. to MR.T.N.C.KAUSHICK, Advocate on payment of necessary charges C.C. to MR.K.V.SAJEEVKUMAR, Advocate on payment of necessary charges C.C. to MR.V.R.KAMALANATHAN, Advocate on payment of necessary charges C.C. to MR.M.PALANIMUTHU, Advocate on payment of necessary charges C.C. to MR.V.KUMARAVELAN, Advocate on payment of necessary charges C.C. to MR.M.BASKAR, Advocate on payment of necessary charges C.C. to MR.R.S.DIWAAGAR, Advocate on payment of necessary charges +2 C.C. to MR.C.MUNUSAMY, Advocate, The Government Advocate, High Court, Madras - 104. Order in WMP.Nos.23678, 26105 and 26144 of 2019 in WP.No.23823 of 2019 Date :23/10/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(25/10/2019) (IT)