Andhra Pradesh High Court - Amravati
Coastal Marine Construction And ... vs The Union Of India on 26 May, 2022
(SPECIAL ORIGINAL JURISINCTION) THURSDAY, THE TWENTY SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY TWO 'PRESENT: a THE HONOURABLE SR! JUSTICE RAVI CHEEMALAPATI® WRIT PETITION NO: 18438 OF 2029 Behveen: Coastal Marine Construction and Engineering Ltd, a movNipany incorporated under the Companies Act, 1988 and having Hs office at 402 Madhava, Plot No C- 4, E Block, Bandra Kurla Complex, Bancra East, Mumbal-400054 Rep. by ds authorized signatory Mr. Agneio Thomason, . -Patiionar AND 1. The Union of India, represaniad by the Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhawan, Or. Rajendra Prasad Road, New Ralhn, TIOGO, Hindustan Petroleum Corporation Lid., Visakh Refinery, Post Bag 14, . Malkapuram, Visakhanainam 930 O41, Andhra Pradesh. » MeSHondannds fs Feition under Article 226 of the Constitution of india nraying that in the circumstances slated in the affidavit fied therewith, the High Caurt may be pleased ic issue an appropriate writ or order or direction more narticularly a wri in ihe nature of a Writ of rmandarnus declaring the actions of the Respondents in a.Passing the holiday listing arden communication dated 3° November 2027, and b.Passing the appellate authority's order of May 2022. and Sissuing @ communication an 9" May 2022 rejecting the Petitioner's bid a8 being dlegal, arbirery and viciative of Ariicles 14 and Taq) {g} of the Constitution of India and consequently set aside the holiday listing order' comumunioation dated 3° November 3091 and the agpaiiate authority's arder dated 6" May 2022 and quash the communication dated 9 May 2022 rejecting the Petitioner's technical bid and direct the Respondents to evaluate the Petitioner's technical and price bids in the present Tender No. 21000-083-HD- $8002 published on 9° March 2022, IA NO: 1 OF 2022 Patifion urider Section 151 CPC is filed praying that in the circumstances stated In the affidavit fled in support of the wrif pefition, the High Court may be pleased to direct Respandent No.2 not fo award the contract under Tender No. 24000-863-HD-40002 (Tender) published on O° Marmh 2022 to any party without evaluating the Petitioners technical and price bids. pending disposal of WP. Na. 15139 of 2022.on the file of the High Court. The petifion coming on for hearing, upon perusing the Pelion and the affidavit Hed in support thereof and upon heanng the arguments of Sri Sai Sanjay Suraneni, Advocate for the Petitioner and Sri N Harinath, Assistant Solicitor General for the Rescondent No.1 and Sri S. Sreekanth Reddy, Standing Counsel for the Respondent No.2, the Court made the following. ORDER:
"When the matter is called' before the vacation bench on 19.08.2022, at request if was posted fo this day for fling counter but today when the matier is called, the learned counsel for the respondents sceks time te fils cOUHEN ow Post after Summer Yacation, 2099. The counsel for the petitioner cemtended that in the moaning, F tha respondents award contract Pursuant to the tender process, the petitioner would have to face irreparable loss and the petiticner's right to participate in the tender will be defeated, i is sated that the petitioner is the existing cantractor and the present work is still in existence fl August-2027, Yaking info congideration of the Jacts and clrournstances of the SAS, any decision taken pursuant te the tender notification will be subject to the result of this writ petition, Poet on 20.08.2029 for ing counter and hearing," . SD. BPRASAD RAO | - ASSISTANT REGISTRAR TRUE COPYH --
For SECTION OFFICER ee
1. The Secretary, Unian of ints. Shastri Bhawan, Dr. R af Petroleum and Natura! Taas, Sad Road, New Dethi, 14and7.
g ea a Pa a
2. Hindustan Petroleum Garporation Lid, Visakh Refinery, Post Bag 15, -- Maikanuram, Visakhapainam $30 0414, Andhra Pradash. (ay RPAD) 7
3. One CG to Si. Sai Sanjay Suranen!, Advocate POPUC] .
4. One OC to SH. N Narinath. as sistant Sofleifor General POPUL)
5. One OC to SN 8 Sreakanth Raddy, Standing Counsel FOPUCT
8. One spare copy MAM a Brenoomnnencsncc session pen nce eT cepa sun nna oeSnA SASS SEEANOAAARSTMSDRARNT EET HIGH CQURT DATED: ZBMS/ 2022 NOTE: POST ON 20.08.2082 COR FILING COUNTER AND HEARING ORDER WP. No. (9199 of 2022 INTERIM DIRECTION