Disposed

Emerson Process Management (India) Private Limited v. Government E-Marketplace (Gem) & Ors.

Delhi HC13 Feb 2024W.P.(C)/2082/2024

Case brief

AI extract

What is this about?

Petitioner sought injunction against a third reverse auction run. Respondent clarified no such decision exists. Court disposed of petition directing Respondent to give seven-day prior notice before initiating a third round, leaving other issues open.

What did the court decide?

Direction to Respondent No. 2 to give seven days' prior written notice before conducting a third run of reverse auction; rights and contentions left open.

Emerson Process Management (India) Private… — Public Procurement and Tenders | Delhi HC (2024)

¶1

$~40

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 2082/2024 and CM APPL. 8635/2024, CM APPL. 8636/2024, CM APPL. 8637/2024

¶4

EMERSON PROCESS MANAGEMENT (INDIA) PRIVATE LIMITED ..... Petitioner Through: Mr. Jayant Mehta, Senior Advocate with Mr. Abhinav Hansaria, Advocate

¶5

versus

¶6

GOVERNMENT E-MARKETPLACE (GEM) & ORS.

¶7

..... Respondents Through: Ms. S. Akshata, Advocate for R-1 Mr. V.N. Koura with Mrs. Paramjeet Benipal and Mrs. Shanin Koura, Advocates for R-2

¶8

CORAM:

¶9

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

¶10

O R D E R % 13.02.2024

¶11

CM APPL. 8636/2024 (for exemption)

¶12

Allowed, subject to all just exceptions.

¶13

Accordingly, the present application stands disposed of.

¶14

¶15

Present writ petition has been filed seeking issuance of directions to the Respondent Nos. 1 and 2 to not hold the re – run of the reverse auction in respect of Group-A of Tender no. PLM/CCCPL/23/15 dated 22^nd May, 2023 which was scheduled to be held on 12^th February, 2024.

¶16

This is a digitally signed order.

¶17

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 16:45:08

¶18

Learned senior counsel for the Petitioner states that after conducting the first round of reverse auction from 06^th October to 10^th October, 2023, the Respondents decided to conduct a second round of reverse auction on account of a technical glitch at the end of Respondent No. 1, despite the Petitioner qualifying as an L1 bidder. Thereafter, despite the Petitioner qualifying as an L1 bidder again in the second round of reverse auction held from 19^th December, 2023 to 20^th December, 2023, the Respondents decided to conduct a third round of reverse auction without providing any cogent reasons. He states that failure of the Respondents in awarding the tender to the Petitioner is arbitrary, unfair and unreasonable.

¶19

Learned senior counsel for the Petitioner states that conducting multiple rounds of reverse auction, without any justifiable reasons, creates a doubt on the credibility and transparency of the entire process of reverse auctions being conducted by Respondent No. 1, and thus any such action ought not to be permitted without any just cause and reason. He further states that on account of conducting multiple rounds of the reverse auction, the price offered by the Petitioner as an L1 bidder has been exposed in the market.

¶20

Learned counsel for the Respondent No. 2 who appears on advance notice states that no third run of reverse auction against Group A of the subject tender has been carried out till date. He clarifies that no decision has been taken to conduct a third run of the reverse auction against Group A of the subject tender. He, in fact, states that the whole project (with respect to Group A of the subject tender) is under a cloud and Respondent No.2 is yet to take a final decision with regard to the same.

¶21

This is a digitally signed order.

¶22

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 16:45:08

¶23

Keeping in view of the aforesaid statement by learned counsel for Respondent No. 2, the present writ petition is disposed of with a direction to Respondent No. 2 to give a seven day prior written notice to the Petitioner in the event it decides to conduct a third run of reverse auction against Group A of the subject tender. However, this Court clarifies that the rights and contentions of all the parties including the issue of territorial jurisdiction of this Court are left open.

¶24

ACTING CHIEF JUSTICE

¶25

MANMEET PRITAM SINGH ARORA, J

¶26

FEBRUARY 13, 2024/ msh

¶27

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 16:45:08

Emerson Process Management (India) Private Limited v. Government E-Marketplace (Gem) & Ors.

Case brief

What is this about?

What did the court decide?

Emerson Process Management (India) Private Limited v. Government E-Marketplace (Gem) & Ors.

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

Oswal Agencies Pvt. Ltd. Vs Union of India & Ors.

Gaurav Verma Vs National Informatics Centre & Anr.

Cipla Limited Vs National Pharmaceutical Pricing Authority & Anr.

Ajay Shukla Vs Union of India & Ors.

Aditya Lal Vallath Vs National Board of Examinations in Medical Sciences & Anr.

Ms Jeewan Lata Sud Vs Union of India & Anr.

Mitsubishi Electric India Private Limited Vs Deputy Commissioner of Income-Tax Circle 16(1), Delhi & Ors.

Salim Kujur and Ors. Vs New-Delhi Muncipal Council and Anr.

Ajay Shukla Vs Union of India & Ors.

Well Protect Manpower Service Pvt. Ltd. Vs Dr. Baba Saheb Ambedkar Hospital & Anr.

Cisb Services Pvt. Ltd. Vs Union of India & Ors.

Bahadur Singh Vs Govt. of NCT of Delhi and Ors.

Dr. Subhash Vijayran Vs Dr. Baba Saheb Ambedkar Medical College and Hospital & Ors.

Smt. Meena Devi Vs Union of India & Anr.