Disposed

M/s Ace Intergrated Solutions v. Food Corporation of India Ltd.

Madras HC20 Dec 2022WP/5138/2018

Case brief

AI extract

What is this about?

Writ petition filed for declaratory relief regarding a void tender clause and refund of EMD. Court directed parties to respond regarding clerical mistake and de-listing. Petition disposed of without costs pending response.

What did the court decide?

Writ petition disposed of with directions to submit representations regarding EMD refund and blacklisting status; petitioner to be allowed to participate in future tenders if blacklisting expired.

M/s Ace Intergrated Solutions Vs Food… — Labour and Industrial Disputes | Madras HC (2022)

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W.P.No. 5138 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P.No. 5138 of 2018

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M/s. Ace Integrated Solutions Limited Represented by Mr. Chandra Shekhar Verma S/o. Late Sh. S.C. Verma, Managing Director, Having its Registered Office B-13, DSIDC Complex, Functional Industrial Estate, Industrial Area Patparganj, New Delhi – 110 092.

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... Petitioner

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Food Corporation of India Limited, Regional Officer (Tamil Nadu), No. 8, Mayor Athyamoorthy Road, Chetpet, Chennai – 600 006 .... Respondent

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Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Declaration, to declare that Clause 13.2 of Tender Reference No. E.I/1(2)/2016-CLASS IV APPT dated 11.11.2016 (bid document for engagement of a recruitment agency) as null and void as it is against the law of contract time being in force and consequentially cancel the impugned order dated 08.02.2017 passed by the respondent in No.E.I/1(2)/2016-CLASS IV APPT and directing the respondent to refund the attached amount of EMD paid by the petitioner in both the tenders for the subsequent payment.

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For Petitioner : M/s.A.R. Nixon For Respondent : M/s. G. Narmatha for Mr. S. Vijaya Kumar (FCI)

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https://www.mhc.tn.gov.in/judis

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O R D E R

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W.P.No. 5138 of 2018

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The writ petition has been filed in the nature of declaration that Clause 13.2 of the Tender Reference, which was dated 11.11.2016, as null and void and as against the law of contract and to cancel the impugned order dated 08.02.2017 and also to refund the Earnest Money Deposit paid by the petitioner.

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The petitioner had participated in an enquiry invited by the respondent/Food Corporation of India on 02.12.2016. This was pursuant to an earlier notification dated 11.11.2016. The petitioner had deposited a sum of Rs. 50,000/- as Earnest Money Deposit.

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The petitioner claims that there was a clerical mistake in submitting the forms and consequent to that, though a representation was given by the petitioner seeking permission to rectify the clerical mistake, the respondent had declared that the petitioner as ineligible to participate in the tender and further had taken a step to black list the petitioner for a period of five years. The period of black listing is now over.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 5138 of 2018

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The petitioner may therefore give necessary representation to

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the respondent that the EMD, which they had paid for a sum of Rs. 50,000/- may be returned back to them and then the respondent may take a decision in accordance with the rules and regulations.

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The petitioner may also give a representation that the black

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listing period of five years is over and therefore the petitioner may be permitted to participate in the future tenders invited by the respondent.

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If the representation is given by the petitioner, I am confident that the respondent would apply their mind and pass necessary orders within a stipulated period of time. Though the orders passed is not in conformity with the relief sought, the writ petition stands disposed of. No costs. Consequently, connected W.M.P.No. 6307 of 2018 is closed.

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Index: Yes/no mrn

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https://www.mhc.tn.gov.in/judis

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W.P.No. 5138 of 2018

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The Regional Officer (Tamil Nadu), Food Corporation of India Limited, No. 8, Mayor Athyamoorthy Road, Chetpet, Chennai – 600 006

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https://www.mhc.tn.gov.in/judis

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W.P.No. 5138 of 2018

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C.V.KARTHIKEYAN, J.

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(mrn)

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W.P.No. 5138 of 2018

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20.12.2022

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https://www.mhc.tn.gov.in/judis

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M/s Ace Intergrated Solutions v. Food Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

M/s Ace Intergrated Solutions v. Food Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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