Excel Engineering Enterprises v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2020 CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SUBRAMONIUM PRASAD W.A.Nos.3599 and 3638 of 2019 and CMP Nos.23139, 23141,23262, 23265,23267, 26072 and 26075 of 2019 Excel Eningeering Enterprises No.63, Tamaraikulam, Elagiri Post, Jolarpettai, Vellore District Represented by its Proprietor G. Kumaresan ... Appellant in both the appeals -vs2. The Assistant General Manager,
3. The Chief Administrative Officer,
4. The Chief Engineer/S&RB,
5. S. Jayasanker, Deputy Chief Engineer, Chennai - 600 045 ... Respondents in W.A.No.3599 of 2019
2. The Chief Administrative Officer,
3. The Chief Engineer/S&RB,
4. The Deputy Chief Engineer, Chennai - 600 045.
5. S. Jayasanker, Deputy Chief Engineer, Chennai - 600 045.
6. N. Jayaraman, Executive Engineer, (XEN), Tambaram, Chennai - 600 045.
7. Finance Advisor & Chief Accounts Officer, FA & CAO/CN/MS,
8. The Manager, Syndicate Bank, No.65, Chetty Street, Thirupathur, Vellore - 635 601.
9. The Assistant General Manager, Chennai - 600 003 ... Respondents in W.A.No.3638 of 2019 Writ Appeals filed under Clause 15 of Letters Patent against the order passed in W.M.P.No.29351 of 2019 in W.P.No.29491 of 2019 dated 16.10.2019 and W.M.P.No.28615 of 2019 in W.P.No.28876 of 2019 dated 01.10.2019.
Prayer in WMP 29351 of 2019 in W.P.No.29491 of 2019: To stay of all further proceedings of E-Tender Viz., 1.Notice No.33-CECNMS-19-20-TBM-CGL-15 dated 04/10/2019 and 2.NOTICE NO.34-CECNMS-19-20-TBM-CGL-16 dated 04/10/2019 on the filed of the 4th respondent which was published in the English Daily News Paper The Hindu dated 07/10/2019 pending disposal of the above Writ petition.
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the E-Tender Viz., 1.Notice No.33-CECNMS-19-20-TBM-CGL-15 dated 04/10/2019 and 2.NOTICE NO.34-CECNMS-19-20-TBM-CGL-16 dated 04/10/2019 on the file of the 4th respondent which was published in the English Daily News Paper The Hindu dated 07/10/2019 quash the same and direct the respondents to permit the petitioner to execute the balance works as per extension dated 19/08/2019. Prayer in WMP 28615 of 2019 in W.P.No.28876 of 2019: To stay the operation of the Termination Notice in No.W.148/CN/TBM/TBM-CGL/Earth work dated 26/09/2019 on the file of the 4th respondent (passed by 5th Respondent) pending disposal of the above writ petition.
Writ Petition filed under article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the Termination Notice in No.W.148/CN/TBM/TBM-CGL/Earth work dated 26/09/2019 on the file of the 4th respondent (passed by 5th respondent) quash the same. For appellant in both the appeals : Mr.C. Manishankar Senior Counsel for Mr.M. Sathish Kumar For Respondents 1 to 4 in W.A.No.3599 of 2019 : Mr.P.T. Ramkumar Standing Counsel For Respondent No.5 in W.A.No.3599 of 2019 : Mr.Arun Anbumani For Respondents 1 to 4, & in W.A.No.3638/2019 : Mr.P.T. Ramkumar Standing Counsel For Respondents 5 & 6 in W.A.No.3638/2019 : Mr.Arun Anbumani
COMMON JUDGMENT ( Delivered by The Hon'ble Chief Justice) Heard learned counsel for the parties.
2.
Learned counsel for the parties have agreed for final disposal of these two writ appeals.
3.
We have passed an order on 03.01.2020, modifying the interim order dated 19.11.2019. We are satisfied that the modification of the interim order has served the purpose of both these appeals, which deserve to be disposed of on the said terms. 4.
We accordingly, dispose of these two writ appeals with a direction that the future tendering process shall remain in abeyance subject to any order being passed by the learned Single Judge.
5.
We further make the modified interim order dated 03.01.2020 absolute and dispose of these two appeals with a request to the learned Single Judge to take up the matter at the earliest in order to resolve the controversy. 6.
We further clarify that the word "judgment" occurring in paragraph -3 of the Order dated 03.01.2020 shall stand substituted by the word "undertaking".
No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sr To
2. The Assistant General Manager,
3. The Chief Administrative Officer,
4. The Chief Engineer/S&RB,
5. The Deputy Chief Engineer, Chennai - 600 045.
6. N. Jayaraman, Executive Engineer, (XEN), Tambaram, Chennai - 600 045.
7. Finance Advisor & Chief Accounts Officer, FA & CAO/CN/MS,
8. The Manager, Syndicate Bank, No.65, Chetty Street, Thirupathur, Vellore - 635 601.
9. The Assistant General Manager, +2cc to Mr.P.T.Ramkumar, Advocate Sr.1994 +2cc to Mr.M.Sathish Kumar, Advocate Sr.1442, 1443 W.A.Nos.3599 and 3638 of 2019 ppa[co] srg 28/01/2020