Madras High CourtWP/37276/2025dismissed as infructuous

M/S.Bridge And Roof Company India Limited v. Union Of India

2025-10-15Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and W.M.P.No.41706 of 2025

1. M/s.Bridge And Roof Company India Limited 5th Floor Kankaraia Centre, 2/1, Russle Street, Kolkata - 700071, having Zonal Office at Chenani, JVL Plaza , 3rd Floor, No.626, Anna Salai, Teynampet, Chenani 600 018.

Petitioner(s) Vs

1. Union Of India Through Secretary, Ministry Of Railways, Railway Board, Rail Bhawan, New Delhi 110 001.

2.General Manager Southern Railway General Manager Office, General Branch, st Floor NGO Main Building, Park Town, Chennai 3

3.Chief Administrative Officer Southen Railway Construction, EVR Periyar Road, Egmore, Chennai 600 008.

4.Chief Engineer West Construction/Chennai, Office Of Chief Administrative Officer, Souther Railway, Construction, EVR Periyar Road, Egmore, Chennai - 600 088.

5.Chief Administrative Officer (Construction) Office Of The Chief Administrative Officer, Southern Railway, 1st Floor, Ernakulam Junction, Kerala - 628206.

6.Chief Engineer, Construction N /ERS, Office Of the Chief Administrative Officer, Southern Railway, 1st Floor, GCDA Easter Entry Tower, Kerala - 682016.

7.Deputy Chief Engineer Construciton /I/N/ ERS Office Of The Deputy Chief Engineer Construction, Souther Railway, 2nd Floor, Ernakulam Junction, Kerala - 682016.

Respondent(s)

PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the record the Tender No.CAO-CN-MS-EPC-NL-01-2025 issued by the 4 th Respondent and quash the same in so fas as Clause No.2.1.14 (b) and Clause No.6 of Annexure-I in TENDER No.RPF No.CAO-CN-MS-EPC-NL-01-2025 issued by the 4 th Respondent and consequently direct the Respondents to consider the Petitioner's offer dated 29.05.2025 for the bidding process and consequently award the contract to the Petitioner if otherwise found eligible in TENDER No.CAO-CNMS-EPC-NL-01-2025 issued by the 4 th Respondent and other further tenders issued by the Respondents in spite of the termination order dated 13.05.2025 issued by the 6 th respondent.

For Petitioner(s):

M/s.S.Harinyi For Respondent(s):

Mr.A.R.L.Sundaresan, Additional Solicitor General Assisted by Mr.Chandrasekaran for R-1

ORDER

The present Writ Petition has been filed challenging the tender notification issued by the 4 th respondent insofar as the clauses which debars the petitioner from participating in railway tenders without following due process of law.

2. When the matter is taken up for hearing, learned Additional Solicitor General appearing for the 1 st Respondent submitted that, the tender notification which is under challenge itself is withdrawn and therefore, nothing survives for

adjudication in this Writ Petition.

3. Learned counsel appearing for the petitioner submitted that, in future tenders, if there is any clause debarring the petitioner from debarring the petitioner from participating in the tender process, the petitioner may be permitted to challenge the same in accordance with law.

4. In view of the fact that tender notification impugned in this Writ Petition itself is withdrawn, this Writ Petition stands dismissed as infructuous with liberty to the petitioner to work out his remedy in the manner known to law if there is any clause in future tenders which debars the petitioner from participating in the tender process. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed. 15-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Nhs

1. Union Of India Through Secretary, Ministry Of Railways, Railway Board, Rail Bhawan, New Delhi 110 001.

2.General Manager Southern Railway General Manager Office, General Branch, st Floor NGO Main Building, Park Town, Chennai 3 3.Chief Administrative Officer Southen Railway Construction, EVR Periyar Road, Egmore, Chennai 600 008. 4.Chief Engineer West Construction/Chennai, Office Of Chief Administrative Officer, Souther Railway, Construction, EVR Periyar Road, Egmore, Chennai - 600 088.

5.Chief Administrative Officer (Construction) Office Of The Chief Administrative Officer, Southern Railway, 1st Floor, Ernakulam Junction, Kerala - 628206.

M.DHANDAPANI, J Nhs 7.Deputy Chief Engineer Construction /I/N/ ERS Office Of The Deputy Chief Engineer Construction, Souther Railway, 2nd Floor, Ernakulam Junction, Kerala - 682016.

and W.M.P.No.41706 of 2025 15-10-2025