Madras High Court
M/S.Sam Turbo Private Limited vs The Development Commissioner / ... on 28 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2316 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2024
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2316 of 2024
and
C.M.P.No.16280 of 2024
M/s.Sam Turbo Private Limited,
Avinashi Road, Neelambur,
Coimbatore-641 062,
Tamil Nadu, India.
Rep. by its Managing Director ... Appellant
-vs-
1. The Development Commissioner / Additional Secretary,
(Micro Small and Medium Enterprise) MSME,
'A' Wing, 7th Floor, Nirman Bhavan,
New Delhi – 110 108.
2. The Joint Director and Head of Office,
MSME Development and Facilitation Office,
Ministry of MSME, Government of India,
MSME Bhawan, 65/1, G.S.T.Road,
Guindy, Chennai-600 032.
3. M/s.Bharat Heavy Electrical Ltd.,
Ranipet, Tamil Nadu-632 403
(A Govt. of India Enterprise)
4. M/s.Reco Process Pumps,
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.2316 of 2024
No.208/3B, Idigarai Road,
Coimbatore-641 022. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated
24.04.2024 made in W.P..No.35878 of 2023.
For Appellant : Mr.R.Jayaprakash
For R1 & R2 : Mrs.V.Sudha
For R3 : Mr.P.John Zachariah
For R4 : Mr.T.V.Ramanujam
For Mr.C.Jagadish
*****
JUDGMENT
(By D.KRISHNAKUMAR,J.,) This Writ Appeal has been filed, challenging the order dated 24.04.2024 made in W.P.No.35878 of 2023, in and by which, learned Single Judged allowed the Writ Petition in favour of the 4th respondent herein / Writ Petitioner, with a direction to the respondents therein to extend the benefit of Section 11 of the Micro, Small and Medium Development Act, 2006 (in short the Act, 11 of 2006) to the Writ Petitioner.
2. The case of the appellant is that the 3rd respondent floated tender for supply of Slurry Pumps for Kahalgon Project and in the reverse auction, conducted by the 3rd respondent, the appellant emerged as L1 and the 4th respondent as L2, which was duly communicated to the appellant. Further case of the appellant is that the 4th 2/6 https://www.mhc.tn.gov.in/judis W.A.No.2316 of 2024 respondent challenged the Award of contract to the appellant by filing W.P.No.35878 of 2023 in respect of Tender for the supply of Slurry Pumps for SIPAT Project and obtained the order in its favour on the ground that R4 is entitled for benefit under the Public Procurement Policy for Micro and Small Enterprises, 2012, Procurement Norms under Public Procurement Policy for MSEs. The order of the Writ Court was assailed on the ground that the appellant was not made as party to the Writ Petition.
3. At this juncture, learned counsel for R3 submitted that when the appeal is pending before this Court, the appellant has made an offer to the tune of Rs.4,72,94,245.33, which is lesser than the offer made by the Writ Petitioner/R4 and therefore, under the terms and conditions, purchase order has been issued in favour of the Contractor. He further submitted that still R3 is ready to reconsider the offer made by the L1, which is also registered under MSME.
4. Learned Senior Counsel for the 4th respondent contended that the appellant and R3 are colluding each other in order to dilute the award granted in favour of the 4th respondent / Writ Petitioner.
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5. On circumspection of the facts and circumstances of the case, admittedly, the appellant is aggrieved by the order of the Writ Court, as the appellant was not arrayed as a party to the lis before the learned Single Judge. Despite the fact that the appellant is the L1 in the reverse auction, the Writ Court held that the Writ Petitioner is entitled to avail the benefit conferred under Section 11 of the Act, 2006 without hearing the appellant herein. Hence, finding force in the submission advanced by the appellant, we have no hesitation to set aside the order of the Writ Court and remand the matter for fresh hearing.
6. In fine, this Writ Appeal is allowed and the order dated 24.04.2024 made in W.P.No.35878 of 2023 is hereby set aside. The matter is remitted back to the Writ Court to consider the case afresh and to decide the writ petition, after affording an opportunity of hearing to the appellant to file a counter affidavit in the Writ Petition. Registry is directed to amend the cause title in the Writ Petition by arraying the appellant herein as a party to the Writ and thereafter, list the matter before the learned Single Judge to decide the Writ Petition as per law. The Writ Court shall take up the matter and decide the issue uninfluenced by the observations made by the Writ Court previously and in the Writ Appeal, at the earliest point of time without any further delay. No costs. Consequently, connected Miscellaneous Petition is closed.
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