M/S Micro Atuotech v. State Of Haryana & ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 22.12.2016 M/s Micro Autotech ..... Petitioner

Versus

State of Haryana and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Aman Preet Singh Rahi, Advocate for Mr. Vivek Sharma, Advocate for the petitioner. Mr. BR Mahajan, Advocate General, Haryana with Mr. Deepak Balyan, Addl. A.G., Haryana.

Mr. Rajeev Kawatra, Advocate for respondent No. 3. AJAY KUMAR MITTAL, J. (ORAL) 1.

The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking quashing of the checklist of eligibility criteria dated 21.04.2016 (Annexure P-13) issued by the respondents.

2.

Reference was made to checklist Annexure P-13. Learned counsel for the petitioner inter alia submitted that the eligibility criteria under Clause 1 to 3 and 10 of the checklist Annexure P-13 has been challenged in this petition which reads as under:-

-21.

The Manufacture must be an Indian Company and registered with the Registrar of Companies as per Company Act, 1956. 1.

Copy of Company Incorporation.

2.

Copy of Memorandum of Associations.

3.

Copy of PAN Card.

4.

Copy of Sales Tax/VAT Registration of the Manufacturing Plant and Haryana State.

5.

Manufacturing address.

6.

Copy of Excise Registration.

2.

TURN-OVER OF THE COMPANY: Rs. 50 Crores in the last three financial years from the business of manufacturing, sales and service of Speed Governors.

1. Details of Trun-Over from the business of manufacturing & selling Speed Governors.

2. Copy of Audited Balance Sheet and IT Returns for 2 years for 201314 & 2014-15 and statement of accounts certified by Auditor for 2015-16.

3.

NET WORTH OF THE MANUFACTURER: Net worth of the Manufactur must not be less than Rs. 20 Crores as on the financial year ending March 2015.

1. Certificate from Chartered Accountant certifying the net worth.

2. The Manufacturer who on being selected for supply of Speed Governors must provide a bank guarantee (Any National Bank) for Rs. 1.00 Cr.

4 to 9 xxx xxx xxx xxx xxx 10.

PROOF OF SALES: Statement Certificate for a minimum of 50,000/- Speed Governor sold in India in the last 3 financial years (2013-14, 2014-15 and 201516) certified by Auditor. 3.

Learned Advocate General, Haryana, pointed that as per subsequent notification dated 02.08.2016, in Clause 2, the limit of ` 50 crores has been reduced to ` 15 crores; whereas in Clasue 3 the net worth of the manufacturer has been reduced from ` 20 crores to ` 10 crores and in Clause 10 the statement certificate for a minimum of 50,000 Speed Governors has been prescribed as 25,000 Speed Governors. 4.

Learned counsel for the petitioner argued that it was beyond the competence of the State Government to notify the eligibility criteria under the aforesaid clauses and even the subsequent notification dated 02.08.2016 is in violation of the provisions of the Motor Vehicles Act, 1988. However,

-3the notification was issued during the pendency of the instant writ petition. Accordingly, a request was made that he may be allowed to withdraw the present writ petition, with liberty to file fresh one on the same cause of action by incorporating and challenging the aforesaid Checklist of eligibility criteria and also the notification dated 02.08.2016. Learned counsel for the petitioner pointed out that the empanelment might take place during the period of winter break of the High Court and, therefore, the fresh writ petition on the same cause of action be permitted to be filed during the ensuing winter break.

3.

Dismissed as withdrawn, with liberty to file fresh petition. While permitting the petitioner to file a fresh petition, it is clarified that as and when the fresh writ petition is filed, the same shall be listed for hearing, in accordance with law.

( AJAY KUMAR MITTAL ) JUDGE December 22, 2016 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No