Dismissed

Northern Power Distribution Corporation Electrical and v. The Northern Power Distribution Company Limited

Telangana HC22 Mar 2011WP/7438/2011

Case brief

AI extract

What is this about?

Petitioner sought mandamus declaring tender conditions regarding reservation illegal and directing reconsideration. Respondents postponed auction to reconsider terms. Court permitted withdrawal with liberty to refile and dismissed writ petition and interim relief as infructuous.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to file fresh petition. Interim relief application dismissed as infructuous.

Northern Power Distribution Corporation… — Public Procurement and Tenders | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.7438 of 2011

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Dated 22.03.2011

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Between:

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Northern Power Distribution Corporation Electrical and Civil Contractors Welfare Society

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…Petitioner

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And

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The Northern Power Distribution Corporation Limited and another

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Respondents

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Counsel for the petitioner: Sri C. Hari Preeth

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Counsel for respondents: Sri O.Manohar Reddy, standing counsel for APNPDCL

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The Court made the following:

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ORDER:

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This writ petition is filed for the following substantive relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned tender conditions in Tender Notice No.3/201011 dt.1.3.2011 by the 2^nd respondent regarding condition No.4 in the special condition and the condition No.1 in the terms and conditions of the summary sheet regarding reservation of 15% without clarification is illegal, arbitrary and contrary to the terms and conditions of the Contract and consequently direct the respondents not to proceed with the tender process before considering the clarifications regarding submission of cheques without date and mentioning of reserved substations and other requests under the representations dt.8.3.2011 and 16.3.2011 in the interest of justice.”

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At the hearing, Sri C.Hari Preeth, learned counsel for the petitioner, stating that the respondents have postponed the auction with a view to reconsider the offending tender terms and conditions, seeks permission of the Court to withdraw the writ petition with liberty to his client to file a fresh writ petition, if need be.

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Accordingly, the Writ Petition is dismissed as withdrawn with liberty in terms of the prayer made.

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As a sequel to dismissal of the writ petition, W.P.M.P.No.9255 of 2011 filed by the petitioner for interim relief is dismissed as infructuous.

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________________________ C.V.NAGARJUNA REDDY, J

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22^nd March, 2011 GHN

Northern Power Distribution Corporation Electrical and v. The Northern Power Distribution Company Limited

Case brief

What is this about?

What did the court decide?

Northern Power Distribution Corporation Electrical and v. The Northern Power Distribution Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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