Madras High Court
Apeejay Shipping Limited vs Chief Engineer/Mech/Coal on 28 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.16428 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.16428 of 2022 &
W.M.P.No.15723 of 2022
Apeejay Shipping Limited,
Apeejay House, 15 Park Street,
Kolkata – 700016, India
Represented by its Authorised Signatory,
Capt. Dhiraj Pahuja ... Petitioner
vs.
1.Chief Engineer/Mech/Coal
Tamil Nadu Generation &
Distribution Corporation Ltd.,
NPKRR Maligai,
144, Anna Salai, Chennai – 600 002.
2.Directorate General of Shipping,
9th Floor, Beta Building,
i-think Techno Campus, Kanjurmarg (East),
Mumbai – 400 042 (India) ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the 1st respondent to grant the petitioner the
right to exercise its Right of First Refusal in terms of DGS Circular No.2 of
2021 dated January 14, 2021 and clause 1.3(C)(v) of the Tender bearing
No.Coal (SHIP) – 110 dated 10.05.2022 issued by the respondent No.1 in
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.16428 of 2022
respect of item-2 thereof prior to issuance of any fixture note/execution of
any Charter Party in respect of Item-2, and thereafter proceed with the
Tender Process accordingly.
For Petitioner : Mr.Karthik Sundaram
For Respondents : Mr.J.Ravindran,
Additional Advocate General,
Assisted by Mr.C.Jai Venkatesh
For Respondent 2 : Mr.S.N.Parthasarathy,
Senior Central Government
Standing Counsel
ORDER
This writ petition has been filed for mandamus seeking for a direction to the 1st respondent to grant the petitioner to exercise its Right of First Refusal in terms of DGS Circular No.2 of 2021 dated January 14, 2021 and clause 1.3(C)(v) of the Tender bearing No.Coal (SHIP) – 110 dated 10.05.2022 issued by the respondent No.1 in respect of item-2 thereof prior to issuance of any fixture note/execution of any Charter Party in respect of Item-2.
2. Mr.Jai Venkatesh, learned Standing counsel accepts notice on behalf of the first respondent and Mr.S.N.Parthasarathy, learned Senior Central Government Standing Counsel accepts notice on behalf of the 2/4 https://www.mhc.tn.gov.in/judis W.P.No.16428 of 2022 second respondent. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.
3. It is represented by the Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.C.Jai Venkatesh, learned standing counsel appearing for the first respondent that the contract has already been awarded by the first respondent in favour of the M/s.Al Khalejia Aggregates FZE, UAE. In view of the submission made by the learned Additional Advocate General, liberty is granted to the petitioner to file a fresh writ petition challenging the award passed by the first respondent in favour of M/s.Al Khalejia Aggregates FZE, UAE in the manner known to him under law.
4. With the aforesaid observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
28.06.2022 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders ABDUL QUDDHOSE, J.
nl 3/4 https://www.mhc.tn.gov.in/judis W.P.No.16428 of 2022 To
1.Chief Engineer/Mech/Coal Tamil Nadu Generation & Distribution Corporation Ltd., NPKRR Maligai, 144, Anna Salai, Chennai – 600 002.
2.Directorate General of Shipping, 9th Floor, Beta Building, i-think Techno Campus, Kanjurmarg (East), Mumbai – 400 042 (India) W.P.No.16428 of 2022 28.06.2022 4/4 https://www.mhc.tn.gov.in/judis