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Madras High CourtWP/28443/2017withdrawn dismissed

M/S.Trichy Construction v. M/S.Oil And Natural Gas

2023-04-11Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.M.P.No.30549, 30550 & 31773 of 2017;

23882, 23839, 23840 & 30896 of 2018.

W.P.No.28443 of 2017 W.M.P.Nos. 30549, 30550 of 2017 M/s.Trichy Construction Company, A Partnership Firm, Rep. by its Managing Partner, Shahul Hameed, No.10, Karur Bye Pass Road, Chinthamani, Trichy-620 002.

1. M/s.Oil and Natural Gas Corporation Ltd.

2. The General Manager (MM), M/s.Oil and Natural Gas Corporation Ltd.

Having office at Cauvery Asset, Nearvy Complex, Karaikal 609 604, 1/6

[R3- Impleaded as per Order dated.21.11.2017, by KRCBJ in WMP NO.32011/17 in WP No.28443/2017] praying for issuance of a writ of Certiorarified Mandamus, calling for the entire records culminating with the letter dated 31.10.2017 issued by 2nd respondent seeking extension of validity period up to 21.11.2017 and the remainder e-mail thereon dated 2.11.2017 and quash the same and consequently directing the respondents to call for fresh tender on the same subject matter and process the same in strict observance of the approved and established procedure as applicable to the 1st respondent corporation. W.P.No.29477 of 2017 W.M.P.No. 31773 of 2017 M/s.Oriental Transport No.H-6, III Avenue, Anna Nagar East, Chennai-600 102, Rep by its Proprietor, Mr.J.Jayaprakash.

1. M/s.Oil and Natural Gas Corporation Ltd., Cauvery Asset, Materials Management Department, Nearvy Complex, Karaikal 609 605, Union Territory of Pondicherry.

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2. General Manager (MM), M/s.Oil and Natural Gas Corporation Ltd., Having Office at Cauvery Asset, Nearvy Complex, Karaikal-609 604, [R3- Impleaded as per Order dated.06.12.2017 , by KRCBJ in WMP NO. 34782/17 in WP No.29477/2017 ] praying for issuance of a writ of Mandamus, directing the respondents to call for fresh tender on the same subject matter, in lieu of and in substitution of the lapsed Tender No.V16TC17002, in view of and consequent the failure and default of the respondents in concluding and finalisation of the price bid within the specified time of 90 days from the date of opening the techno-commercial bid (18.7.2017). W.P.No.20301 of 2018 W.M.P.Nos. 23882, 23839, 23840 & 30896 of 2018 M/s. Oriental Transport, No. H-6, III Avenue, Anna Nagar East, Chennai - 600102, Rep. by its Proprietor, Mr.J.Jayaprakash.

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1.The Company Secretary, M/s.Oil and Natural Gas Corporation Ltd.,

2. General Manager (MM), M/s.Oil and Natural Gas Corporation Ltd., Having Office at Cauvery Asset, Nearvy Complex, Karaikal-609 604, (Union Territory of Pondicherry.) praying for issuance of a writ of Certiorarified Mandamus, calling for the entire file and records culminating with the LOA No.KKL/ CAU. ASSET/ SUPPORT/ MM/ PURCHASE/ 2018/ CRUDEOIL/ 140783 dated 08.06.2018, and quash the same as illegal, arbitrary and in violation of court proceedings and consequently direct the 1st and 2nd respondents to call for fresh tender on regular basis for a period of three years from 01.01.2019 for a total quantity of 1170 KL per day, in strict observance of the approved and established procedure, as applicable to the 1st respondent Corporation.

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For Petitioner in all WPs.

: Mr.S.Murugan For Respondents in all WPs.:

(for R1 & R2) : Mr.P.N.Radhakrishnan (for R3) : Mrs.Radha Gopalan COMMON ORDER Today, when the matters are taken up for hearing, the learned counsel for the petitioners made a submission that on instructions, he has chosen to withdraw the writ petitions. So he seeks permission of this Court to withdraw these writ petitions and he has also made endorsements to that effect.

2. In view of the submission made by the learned counsel for the petitioners in all the writ petitions and the endorsements made by him, the writ petitions stand dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed. (sha) 11.04.2023 Index : Yes Speaking Order 5/6

S.M.SUBRAMANIAM . J., (sha) To

1. M/s.Oil and Natural Gas Corporation Ltd.

2. The General Manager (MM), M/s.Oil and Natural Gas Corporation Ltd.

Having office at Cauvery Asset, Nearvy Complex, Karaikal 609 604, 11.04.2023 6/6