Delhi High Court - Orders
(24) Ms 6X Through Shri Rishabh Garg ... vs Union Of India And Ors on 1 July, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~24 and 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8735/2025
(24) MS 6X THROUGH SHRI RISHABH GARG PROPRIETOR
.....Petitioner
Through: Mr. Deepak Biswal, Mr. Siddharth
Swain and Mr. Mayank Rai, Advs.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Piyush Beriwal and Mr. Vedansh
Anand, Advs. for R-1 and 3.
+ W.P.(C) 8762/2025
(33) M/S GANPATI INTERGLOBE PVT. LTD .....Petitioner
Through: Mr. R. S. Biswas, Mr. Kartik
Chettaiar and Mr.Yash Tripathi,
Advs.
versus
FORCE HEADQUARTERS(FHQ), BSF THROUGH THE
DIRECTORATE GENERAL MINISTRY OF HOME AFFAIRS &
ORS. .....Respondents
Through: Mr. Rakesh Kumar, CGSC, Mr.
Sunil, Mr. Arnav Mittal, GP for R-1
and 2, UOI.
Mr. Anil Tiwari and Mr. Ankit
Kanwar, Advs. for R-3.
Mr. Deepak Biswas and Mr.
Siddharth Swain, Advs. for R-4.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 01.07.2025 CM APPL.37339/2025 (Exemption) in W.P.(C) 8735/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 21:34:18 W.P.(C) 8735/2025 and CM APPLs.37337/2025, 37338/2025 W.P.(C) 8762/2025
3. The present petitions have been filed assailing a common impugned order dated 09.06.2025 whereby the petitioners in the both these writ petitions have been sought to be debarred from participation in any bid of Frontier Headquarters Border Security Force (BSF), Tripura for a period of two years from the date of issue thereof. The said order reads as under:
Dated 09.06.2025 ORDER Whereas, vide GeM bid No. GEM/2025/B/5880121 dated 12.02.2025 with opening date on 12.03.2025 this HQ had invited bids for procurement of 275 Nos Tent 4M. Total 09 firms including Mis 6X, Kanpur (UP) and M/s Ganpati lnterglobe Pvt Ltd, Kanpur (UP) participated in the bidding. During technical evaluation of instant procurement for Tent 4M, the TEC was briefed about the complaint received through mail ID of Mis Krishna Enterprises on dated 12.10.2022 blaming Mr Rishab Garg for using his two firms i.e. M/s 6X, Kanpur (UP) and Mis Ganpati lnterglobe Pvt. Ltd, Kanpur (UP) to form a cartel and win GeM contracts from BSF by violating CVC and GFR guidelines. Based on this information the above firms were rejected straight away from TPC Stage-I for procurement of Tent 2M for the financial year 2023-24 and since then, above firm have not been awarded any contract by this HQr as yet.
2. Whereas, in the meantime, a compliant has received from M/s Naman International alleging these 02 firms to be involved in collusive bidding and cartel formation claiming use of same mobile number i.e. 9838001238 on letter pads of pollution certificate of M/s Ganpati lnterglobe Pvt. Ltd as well as on GST registration certificate of M/s 6X.
Above mobile number belongs to Mr Rishab Garg the owner of M/s 6X, as per GST registration certificate. On scrutiny, of bid documents submitted by these firms, the allegation has been found to be correct.
3. Whereas, in connection with bid No. GEMl20251B15880121 dated 12.02.2025 for procurement of Tent 4M, both the participating firms i.e. M/s 6X, Kanpur (UP) and M/s Ganpati lnterglobe Pvt Ltd, Kanpur (UP) have submitted undertaking that, the firm has never submitted any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 21:34:18 fake, forged, misleading or edited documents to any Govt department. However, above revelation clearly points to collusive bidding by these firms and misleading the procurement in an act of cartel formation.
4. In this regards, FHQ BSF (Prov Dte CTS Sec: GeM Desk) vide signal No.Q/3805 also sought a detail report on the complaint filed by M/s Naman International. In compliance to the above direction, a detail report reflecting above facts was forwarded to FHQ vide this HQr letter No.2294 dated 02.05.2025. FHQ BSF after considering all facts, directed this HQ vide signal No. Q/3805 dated 13.05.2025 to raise incident on GeM portal immediately and further escalate the incident after 07 days.
5. Hence, after taking overall facts and circumstances, and in light of GeM policy, and as approved by CFA, M/s 6X, Kanpur (UP) and M/s Ganpati Interglobe Pvt. Ltd, Kanpur (UP) are hereby DEBARRED for indulging in cartel formation in aforementioned bid and shall not be allowed to participate in any bid of Ftr HQ BSF Tripura for a period of 02 years (730) days from the date of issue of this order.
6. This has the approval of competent authority.
(Lala Krishna Kumar Lal) Deputy Inspector General (Prov) Ftr HQ BSF Tripura"
4. Learned counsel for the petitioners submit as under:
(i) It is emphasised that similar allegations of alleged collusive bidding and cartel formation have been made in the past on the basis of there being a nexus between M/s 6X [a proprietorship concern of Rishabh Garg Raghav Garg HUF (Rishabh Garg-Karta) ]and M/s Ganpati Interglobe Pvt. Ltd. It is pointed out that the same was subject matter of a suspension action taken by the Government E-
market (GeM) place. In that context, the aspect of alleged cartel formation was considered by this Court while passing an interim order dated 17.12.2024 in W.P.(C) 14290/2024 and W.P.(C) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 21:34:18 15749/2024. After considering the facts and circumstances, on a prima facie assessment, the suspension order was stayed by this Court.
(ii) It is pointed out that even on other occasions, "incidents" were raised on the GeM portal based on complaints of third parties as regards alleged collusion / cartel formation. Specific attention is drawn to an incident raised on 02.05.2025 (Annexure P7 in W.P.(C) 8735/2025). The said incident was raised on the very same allegation viz. that the mobile number of the proprietor of M/s 6X, as mentioned in Aadhar Card and Udyam Registration Certificate was identical with the mobile number referred to in the Pollution Certificate submitted by M/s Ganpati Interglobe Private Limited. It is pointed out that after due examination, the said incident was closed by the GeM.
(iii) It is pointed out that yet another incident was raised on the GeM portal on 15.05.2025, again based on the very same allegation/s. The said incident also came to be closed on 09.06.2025 based on comment by one Mr. Rakesh Dabral, the representative of Frontier Hq BSF Punjab. As such, the GeM found no substance in the allegations made against the petitioner.
(iv) It is submitted that despite the above background, without issuing a Show Cause Notice (SCN), the impugned order has been passed holding that the petitioners are guilty of cartel formation. It is pointed out that not only was the impugned order not preceded by a SCN, even an opportunity of hearing was not given to the petitioners. Further, the impugned order does not take note of the aforesaid order dated 17.12.2024 in W.P.(C) 14290/2024 and W.P.(C) 15749/2024. It This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 21:34:18 also does not take into account the fact that the incidents based on the very same allegation that were raised on GeM portal were closed by GeM after due examination.
Learned counsel for the petitioners also points out that the impugned action has been issued mechanically based on a letter issued by the BSF HQ Delhi. In this regard, specific reliance is placed on para 4 of the impugned order.
5. Issue notice.
6. Learned counsel, as aforesaid, accepts notice on behalf of the respondents. Learned counsel for the respondents seeks some time to take instructions.
7. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
8. List on 17.09.2025.
9. In the meantime, considering the aforesaid circumstances pointed out by learned counsel for the petitioner, there shall be a stay of the impugned order dated 09.06.2025.
SACHIN DATTA, J JULY 1, 2025/cl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 21:34:18