E.Mohan v. Madras Fertilisers Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 30313 of 2019 and W.M.P. Nos. 30300 & 30302 of 2019 E. Mohan, Proprietor, Sri Krishna Lorry Service, SKLS Estate, 160, G.N.T. Road, Sembulivaram, Sholavaram, Chennai 600 067.

... Petitioner -vs1. Madras Fertilisers Limited, Rep. By its Deputy General Manager, (Distribution and Sales), Manali, Chennai 600 068.

2. Mr. K. Dhamodharan, Proprietor, SKLS Lorry Service, # 1/40, Pullinline Village, Redhills, Chennai 600 052.

3. Sincere Transport Corporation (F), Rep. By its Partners Mr. Mahendran and M.S. Kani, No. L5/ 76, T.N.H.B. Colony, Malligai Street, Shanthi Nagar, Sector - IV, Madurai 625 018.

4. Surat Goods Transport Pvt. Ltd., Rep. By its Assistant General Manager, Mr. Jilesh T.K.

47, Viraj Impex House, PD Mello Road, Mumbai 400 009.

... Respondents 1/3

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to proceed further with respect to E-Tender Notification No. ESER/M&D/RTC/270819/010 dated 07.08.2019 issued by the First Respondent with respect to Group 1, 2, and 3 after re-drawing the available technically qualified tenderers and thereafter call for reverse auction in respect of each of the 3 groups and award the contract subject matter of Etender Notification No. ESER/M&D/RTC/270819/010 dated 07.08.2019 issued by the First Respondent strictly in accordance with the tender terms.

For Petitioner :

Mr. Rahul Balaji For Respondents:

Mr. Jayesh B. Dolia, (For R1) for M/s. Aiyar & Dolia Service awaited (For R2 to R4)

O R D E R

Heard Mr. Rahul Balaji, Learned Counsel for the Petitioner and Mr. Jayesh B. Dolia, of M/s. Aiyar & Dolia, Learned Counsel for the First Respondent and perused the materials available on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for a direction to the First Respondent to proceed further with respect to E-Tender Notification No. ESER/M&D/RTC/270819/010 dated 07.08.2019 issued by the First Respondent with respect to Group 1, 2, and 3 after re-drawing the available technically qualified tenderers and thereafter call for reverse auction in respect of each of the 3 groups and award the contract subject matter of E-tender Notification No. ESER/M&D/RTC/ 270819/010 dated 07.08.2019 issued by the First Respondent strictly in accordance with the tender terms.

3.

Learned Counsel for the First Respondent has filed a memo dated 04.11.2019 stating that since the Second Respondent, viz., K. Dhamodharan, Sole Proprietor of M/s. SKLS Lorry Service, has expired, the First Respondent had decided to cancel the impugned tender process in which the Second Respondent was R1 and L1 (Group 1 and 3 only), which is placed on record. Nothing remains for further consideration in the matter.

2/3

4.

Recording the aforesaid subsequent events, the Writ Petition stands disposed. Consequently, the connected Miscellaneous Petitions are closed. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar +1 cc to M/s.Aiyar & Dolia, Advocate sr92310 W.P. No. 30313 of 2019 aa14/11/2019 3/3