Andhra Pradesh High Court - Amravati
Nair Coal Services Private Limited 166 vs Andhra Pradesh Power Generation ... on 19 July, 2019
Author: M.Ganga Rao
Bench: M.Ganga Rao
HIGH COURT OF ANDHRA PRADESH : AMARAVATHI
FRIDAY ,THE NINETEENTH DAY OF JULY
TWO THOUSAND AND NINETEEN
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 6794 OF 2019
Between:
Nair Coal Services Private Limited, #166, Siria Bhavan, Ramnagar, Nagpur. Rep.by.
Mr.K.V.Krishna Kumar S/o. Late. K.P.Vijayan, Aged 56 years, General Manager R/o.
# Plot no.2, Sai Nagar Colony, Picket, Secunderabad.
Petitioner
AND
1. Andhra Pradesh Power Generation Corporation Limited (APGENCO), Vidyut
Soudha, Vijayawada, Rep. by its Managing Director.
2. Managing Director, Andhra Pradesh Power Generation Corporation Limited
(APGENCO) Vidyut Soudha, Vijayawada.
3. Superintending Engineer Coal and Fuel Oils, Andhra Pradesh Power Generation
Corporation Limited (APGENCO) Vidyut Soudha, Vijayawada.
Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ order or direction, more in the nature of a Writ of Mandamus declaring the
action of the respondents in rejecting the Petitioner's technical bid pursuant to Tender
Specification no. 610000499 dated 25.03.2019 on the ground that the technical bid of
the Petitioner was not uploaded in the prequalification bid folder as illegal, arbitrary and
violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct
the respondents to consider the petitioner's bid and allow them to participate in the
tender process;
IA NO: 1 OF 2019:
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the respondents to consider the technical bid of the Petitioner pursuant to Tender
Specification no.610000499 dated 25.03.2019 issued by the Respondents and permit
them to participate in the tender process or alternatively grant stay of all further
proceedings pursuant to Tender Specification no. 610000499 dated 25.03.2019 issued
by the respondents, pending disposal of WP 6794 of 2019, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the order of the High Court order dated 04/06/2019,
10/06/2019, 24-06-2019 & 08-07-2019 made herein and upon hearing the arguments of
M/S INDUS LAW FIRM Advocate for the Petitioner, SMT K ARUNA,SC for APGENCO
for the Respondents, the Court made the following.
ORDER:
At request, post on 25.07.2019. Interim order granted earlier is extended till then.
Sd/- K. JAGAN MOHAN ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. One CC to SRI. M/S INDUS LAW FIRM Advocate [OPUC]
2. One CC to SMT. K ARUNA, SC for APGENCO [OPUC]
3. one spare copy tvr HIGH COURT MGRJ DATED:19-07-2019 ORDER WP.No.6794 of 2019 INTERIM ORDER EXTENDED tvr 19-07-2019 HIGH COURT MGRJ DATED:19-07-2019 ORDER WP.No.6794 of 2019 INTERIM ORDER EXTENDED