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Madras High CourtWP/47828/2025disposed of

Schroder Hydraulics Pte Ltd, v. Chief Engineer

2025-12-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND WMP NO. 53408 OF 2025 Schroder Hydraulics Pte Ltd, 18 Boon Lay Way, 09-157,Singapore-609966 ..Petitioner(s) Vs

1. Chief Engineer North Chennai Thermal Power Station II, Chennai 600120

2. GKV Engineers Pvt.Ltd Flat-A, Sam's Nathaneal Towers, No.3, West Club Road, Shenoy Nagar, Chennai 600 030

3. Schroder Hydraulics Pvt.Ltd Factory No.136, Survey No.90/16 And 90/17, Thodukadu Village, Tiruvallur District 602105 ..Respondent(s) PRAYER Writ Petition is filed under Art.226 of Constitution of India seeking for issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representations regarding the fraudulent tender submission by respondents 2 and 3 and also direct the first respondent to blacklist respondents 2 and 3 and take appropriate action under the tender conditions and under law and pass __________Page 1 of 5

For Petitioner(s):

Mr. V.Chandrasekaran, for Mr. R.Hariprasad For Respondent(s):

Mr.K.Arun Prasad, Standing Counsel for R1 Mr.Jeevan Hari Counsel for R2 Order This Writ Petition has been filed seeking a direction to the 1st respondent to consider petitioner's representations regarding the fraudulent tender submission by the respondents 2 and 3 and also direct the 1st respondent to blacklist the respondents 2 and 3 and take appropriate action under the tender conditions and under law.

2. The grievance of the petitioner is that the petitioner is a Singaporebased manufacturer of specialised hydraulic systems with established goodwill. They came to know that their trade mark and website has been used by the 3rd respondent while applying for tender invited by the 1st respondent. According to the petitioner, a "Channel Partner Certificate" said to have been issued by the 3rd respondent uploaded in the website of the petitioner has been shown, besides, the Government of India Emblem is also used. According to them, the petitioner company is a reputed company and it has good reputation and goodwill. Only for the purpose of granting tender, the licensing authority normally would go __________Page 2 of 5

into that website to find out the nature of goods manufactured by the petitioner. Hence, his contention is that in this regard, when the said certificate has been issued only for the purpose of getting tender, by playing fraud the 2nd respondent had included the said certificate. Hence, the petitioner had given representation to the 1st respondent to conduct enquiry in this regard, but till date, there is no action on their representation. Hence, they seek a direction.

3. Mr.K.Arun Prasad, learned standing counsel appearing for 1st respondent would submit that already they have started enquiry on the basis of representation sent by the petitioner and they would conclude the same on merit.

4. Mr.Jeevan Hari, learned counsel for 2nd respondent would submit that only the 3rd respondent had issued such wrong address, that would not affect the rights of 2nd respondent.

5. Heard both sides and perused the material available on record.

6. In such view of the matter, it is for the 1st respondent to conduct proper enquiry on the 3rd respondent, who had fraudulently used some other's name and website to show their reputation and goodwill. It is for the authority to conduct enquiry and if the authority finds out that the 3rd respondent has fraudulently applied for such transfer using some other's name and website, the __________Page 3 of 5

authority shall take action as per law. That enquiry shall be completed within a period of one month from the date of receipt of a copy of this order.

7. With the said direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Writ Miscellaneous Petition is closed.

08-12-2025 Index: Yes/No Speaking/Non-speaking order RPP To Chief Engineer, North Chennai Thermal Power Station II, Chennai 600120 __________Page 4 of 5

N.SATHISH KUMAR J.

RPP AND WMP NO. 53408 OF 2025 08-12-2025 __________Page 5 of 5