The Court heard a writ petition challenging demands on the GeM portal and suspension of the petitioner's account. The matter was listed for next date to obtain instructions from the respondents and take payment.
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Neutral Citation No. - 2024:AHC-LKO:59898-DB
Court No. - 3
Case :- WRIT - C No. - 6967 of 2024 Petitioner :- M/S Sangam Construction Com. Thru. Its Partner Shailendra Bahadur Singh Respondent :- U.O.I. Thru. Its Secy. Ministry Of Commerce And Industry And 3 Others
Counsel for Petitioner :- Puneet Chandra,Shreya Prakash Counsel for Respondent :- A.S.G.I.,Prateek T, Rakesh Kumar Chaudhary
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
" (i). Issue a writ order or direction in the nature of certiorari quashing the illegal action of the opposite parties No. 2 and 3, wherein illegal and arbitrary demand of Rs. 8,24,985.39/- in respect of contract no. 51168776,1836585 (dated nil) in respect of Pihani center (Annexure No.8) has been made from the petitioner.
b) Issue a writ order or direction in the nature of certiorari quashing the suspension order against incident no. 1712795 (purported to be in respect of Pihani center) (Annexure no. 13) reflecting on the portal with respect to the petitioner after summoning the original from the opposite parties.
c) Issue a writ order or direction in the nature of certiorari quashing the revenue policies of GeM dated 04.08.2023 and 01.04.2022 as contained annexure nos. 15 and 16 so far as it concerns with charging any amount for portal charges in the form of transaction charges/ milestone charges."
functions and duties for the benefit of the public at-large and being sponsored by the Ministry of Commerce. A writ petition is maintainable against the respondent nos. 2 and 3. The petitioner being a Construction Company does a lot of work for State Warehousing Corporation since 2018 as transportation and handling Contractors. Since all Government Departments including Corporations are bound by the Central Government Policy to put up their tenders on the GeM Portal and invite On-line bidding, the State Warehousing Corporation was also required to register itself as a Buyer with the GeM Portal and to participate in the tender as floated through market place on 07.11.2022. The petitioner was required to participate in the on-line process of bidding and to first get itself registered on the GeM Portal. The petitioner got itself registered and took part in the On-line bidding process and was declared successful bidder for Pihani Centre of the respondent no. 4. Work order was issued to the petitioner's firm by the respondent no. 4 for Pihani Centre and the approximate work value was Rs.3 crores against the bid value shown on the portal as Rs.13, 98,28,032.00.
Order Date :- 31.8.2024
Pks
Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether to allow interim relief against arbitrary demand and suspension order by opposite parties.
Whether supplementary affidavits and affidavit of service may be taken on record.
Whether application for interim relief may be considered on next date of listing.
2 provisions across 1 enactments
M/S Sangam Construction Com.
Union of India
Ministry of Commerce and Industry
3 Others
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
5 orders share this CNR
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