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Madras High CourtWP/25212/2024disposed of with direction

M/S.Analogics Tech India Ltd v. Tamil Nadu Generation And Distribution Corporation Ltd,

2024-08-28Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Analogics Tech India Limited, Plot No.9/10, Road No.6, Nacharam Industrial Estate, Nacharam, Hyderabad-500 076, Represented by its Authorised Signatory, Mr.P.Gopal Krishna ... Petitioner Vs.

1. Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.Tender Selection Committee, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

3.Tamil Nadu Power Distribution Corporation Limited, Office of the Chief Engineer, IT & RAPDRP, 144, Anna Salai, Chennai-600 002. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second and third respondents to consider the petitioner's bid along with the supplementary note, without treating the petitioner as poor vendor or poor vendor rating. For Petitioner :

Mr.Sainath Sridevan for Mr.M.R.Ramasubramaniam Raja For Respondents :

Mr.D.R.Arun Kumar

O R D E R

This Writ Petition has been filed seeking for a direction to the second and third respondents to consider the petitioner's bid along with the supplementary note, without treating the petitioner as poor vendor or poor vendor rating.

2. The learned counsel appearing for the petitioner submits that the petitioner has submitted its bid on 22.08.2024 and supplementary note on 23.08.2024 to the second respondent, pursuant to the tender floated by

the third respondent for supply of 9500 numbers Network Interface Card/Modem along with HES/MDAS for Retrofitting the existing DLMS Feeder Meters provided at Substations. Earlier the petitioner was declared as poor vendor and challenging the same, the petitioner has filed a civil suit in C.S (Comm).No.105 of 2022 and filed an application for interim injunction in O.A.No.305 of 2022 and this Court also granted interim injunction and subsequently, it is made absolute. Along with the order of this Court in O.A.No.305 of 2022 in C.S(Comm).No.105 of 2022, the petitioner has now submitted supplementary note and the bid. Therefore, this Court may direct the respondents to consider the supplementary note and the bid submitted by the petitioner along with the other bid.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the

case, directs the respondents to consider the supplementary note and the bid submitted by the petitioner along with the other bid within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

28.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To

1. Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.Tender Selection Committee, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

3.Tamil Nadu Power Distribution Corporation Limited, Office of the Chief Engineer, IT & RAPDRP, 144, Anna Salai, Chennai-600 002.

M.DHANDAPANI, J.

ssb 28.08.2024