Dismissed

Chhattisgarh Gramoudyog Garment and Leather Works v. State Of Chhattisgarh

Chhattisgarh HC13 Jan 2016WPC/71/2016

Case brief

AI extract

What is this about?

Petitioner challenged a tender notice for procurement of ladies walking chappal alleging violation of small scale industry norms. Court held tender terms are not open to judicial scrutiny and dismissed the application filed after the deadline.

What did the court decide?

The writ application challenging the tender notice and invoking writ jurisdiction is dismissed.

Chhattisgarh Gramoudyog Garment and… — Contract and Commercial Disputes | Chhattisgarh HC (2016)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

Writ Petition (C) No.71 of 2016

¶4

Chhattisgarh Gramoudyog Garment & Leather Works, 30-A (B.S.P.) Ruwabandha Sector, Bhilai Nagar, District Durg (C.G.) through its Proprietor Ram Narayan Kori, S/o Late Guljar Kori, aged about 48 years, R/o 30-A (B.S.P.) Ruwabandha Sector, Bhilai Nagar, District Durg (Chhattisgarh)

¶5

--- Petitioner

¶6

versus

¶7

The State of Chhattisgarh, through the Secretary, Department of Forest, Secretariat, Mahanadi Bhawan, P.S. and Post Rakhi, New Raipur, District Raipur (Chhattisgarh)

¶8

The Secretary, State of Chhattisgarh, Department of Industry and Commerce, 5^th Floor, Secretariat, Mahanadi Bhawan, P.S. and Post Rakhi, New Raipur, District Raipur, (Chhattisgarh)

¶9

Managing Director, Chhattisgarh State Minor Forest Produce (T&D) Co-operative Federation Limited, A-25, VIP Estate, Near VIP Club, Khamardih, Shankar Nagar, Raipur (Chhattisgarh)

¶10

Managing Director, Chhattisgarh Khadi Tatha Gram Udyog Board, Praveen Bhavan, 27/520, New Shanti Nagar, Raipur (Chhattisgarh) PIN 492001

¶11

---- Respondents

¶12

For Petitioner	: Shri M.D. Dhote, Advocate
For State/Respondents No.1&2	: Shri Prafull N. Bharat, Additional
	Advocate General
For Respondent No.4	: Shri R.S. Patel, Advocate

¶13

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy

¶14

Order on Board

¶15

Per Navin Sinha, Chief Justice

¶16

13/1/2016

¶17

1 . The Petitioner is stated to be a Unit registered under the Chhattisgarh Gram Udyog Board and also the District Small Scale Industries Centre, Durg. It is aggrieved by the tender notice dated 28.11.2015 published by the Chhattisgarh State Minor Forest Produce (Trading and Development) Cooperative Federation Limited with regard to procurement of ladies walking chappal with direct moulded PU sole.

¶18

¶19

2 . Learned Counsel for the Petitioner submits that the procurement is required to be made in accordance with the Chhattisgarh Shasan Kray Niyam (Store Purchase) Rules, 2002. The tender notice is in violation of the same to the extent that it virtually shuts out small scale industries like the Petitioner by imposing unreasonable conditions inter alia of a bidder having a turn over of Rs.45,00,000/- which is not possible for a small scale unit. Earlier also, in similar circumstances, the Respondents had cancelled the tender notice.

¶20

3 . Learned Counsel for Respondents No.1, 2 and 4 have opposed the writ application submitting that the terms of the tender are not subject to judicial scrutiny. The Court cannot rewrite the terms of the tender. There is adequate provision in Clauses 24 and 26 of the tender notice itself with regard to interpretation of the tender conditions and amendments also if required. According to the pleadings, the Petitioner has already represented on 22.12.2015 though to the Secretary, Small Industries and Trade Department but it is required to represent before Respondent No.3 according to Clause 24 as aforesaid.

¶21

4 . We have considered the submissions on behalf of the parties.

¶22

5 . Terms of the tender are not open to judicial scrutiny and cannot be rewritten by the Court. It is for the Respondents to lay down the terms and conditions in the tender notice to their satisfaction. If there are any provisions with regard to small scale industries or preference, it is for the Respondents to consider the same in accordance with law. Clauses 24 and 26 of the notice inviting tender is considered ample opportunity for the Petitioner if it so desired to have represented before Respondent No.3. Representation before an incompetent authority amounts to no representation at all.

¶23

6 . The last date for submission of the tender was 29.12.2015. The writ application was filed long thereafter on 11.1.2016. The representation filed

¶24

¶25

on 22.12.2015 is not before Respondent No.3. We are not persuaded to create unnecessary complications in tender matters by judicial orders in exercise of our discretionary power in a writ application filed after the last

¶26

date for submission of tender.

¶27

7 . The writ application is dismissed.

¶28

Sd/Sd/( Navin Sinha ) ( P. Sam Koshy ) CHIEF JUSTICE JUDGE

¶29

Subbu

Chhattisgarh Gramoudyog Garment and Leather Works v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chhattisgarh Gramoudyog Garment and Leather Works v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/s Mohanlal Jain Vs Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit

Abhay Singh Vs The State Of Chhattisgarh

Unis John Vs State Of Chhattisgarh

State Of Chhattisgarh Vs Bodhiram Bhunjiya @ Bodhi Singh

Assistant Commissioner Of Income Tax Vs M/s Amar Builders

Yadav Dewangan Vs State Of Chhattisgarh