✦ High Court of India · 03 Feb 2025

High Court · 2025

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Bench
Not available
Length
1,161 words

M/s Allied Mining Company, Nagpur, a Proprietorship Firm, through its Proprietor, Manish Bhati son of Mr Narendra Prakash Bhati, aged about 45 years, occupation businessman resident of 204-8, Baji Prabhu Nagar, Nagpur. ...PETITIONER AND 1 2 3 4 The Singareni Collieries Company Ltd., (A Government Company) Singareni Bhavan, Red Hills, Post Box No. 18, Khairatabad PO Hyderabad, through its Chairman cum Managrng Director, having its Registered office at- The Singareni Collieries Company Ltd. Kothagudem Collieries Khammam District, Telangana - 507101 M/s Rocset Technologies through its Partner/Director, N Aruna Raju 61/8, Jalvayu Vihar, Kukatpalli, Hyderabad- 500 085 M/s Compressor and Tools Co., through its Chief Executive Vishwas Sharma S-5, S.A Trade Centre, Ranigunj, Secunderabad - 500003 The General Manager, Singareni Collieries Company Ltd., Ramgundam Area- ll, 8 lncline Colony, Godavari Khani Karimnagar District - 505211 ...RESPONDENTS Petilion under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ order or direction, more particularly in the nature of a writ of certiorari, call for the records and quash the letter dated 16.10.2015 of Project Engineer ALP and letter RG2/ASTl81-5313202 (b) dated 21.12.2015 ot Respondent no 4 issued on its basis as baseless and violative of the petitioners rights, set aside the result dated 13.2.2016 of the Technical Evaluation Committee in the tender process for Tender No. E01 1500138 short listing bids of only respondent Nos. 2 and 3 as being technically and commercially acceptable, declare the petitioner to be atso qualified in the technical and commercial ev'aluation, set aside the price bid dated 8.4.2016 and hold that the petitroners bid of Rs.5,95,289.41 being the lowest bid in the Tender process No. E- 011500138 respondent no.'1 pass orders taking into consideration the tender filed by the petitioner on par along with the other tenders in the proposed awarding of the contract for supply of 92 ai compressors, without consideration of the letter of the engineer alleging unsatisfactory performance. l.A. NO: 1 OF 2016(WPMP. NO: 17571 0F 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.1 not to finalize the Tender No.E-01 1s00'l 38 in favour of other bidders respondents Nos. 2 andior 3 until further order of this Hon'ble Court disposing of the matter pending disposal of the above Writ petition. l.A. NO: 2 OF 2016(WPMP. N O:17572 OF 2016) Petition under order XXXIX rule 1 read with Section 15.1 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pending disposal of the above Writ petition, the execution of the order if any placed against the Tender No. E-011500138 by other bidders respondent Nos. 2 and/or 3 be restrained until further orders of this Honble court disposing of the matter, and grant such other and further reliefs. l.A. NO: 1 OF 2017(WVM P. NO: 814 OF 2017) Between: 1 Ihe Singareni Collieries Company Ltd:, (A Government Company) Singareni Bhavan, Red Hitts, Post Box No. iB, Khdiratabad pO Hydera'baO, inrorign its Chairman ^cum Managing Director, having its Regisiered omce jt" f f,e Singareni Collieries Company Ltd. Kothagud-em Collie-ries Khammam District, Telangana - 507101 The General Manager, Singareni Collieries Company Ltd., Ramgundam Area- ll, 8 lncline Colony, Godavari Khani Karimnagar Distiict - 505211 AND 1 M/s Allied .Mining _Company, Nagpur, a proprietorship Firm, through its Proprietor, Manish Bhati son of Mr Narendra prakash Bhati, aged about 45 ...PETlTlONERs years, occupation businessman resident of 204-8, Baji Prabhu Nagar, Nagpur. 2 Mis Rocset Technologies through its Partner/Director, N Aruna Ra.iu 61/8, Jalvayu Vihar, Kukatpalli, Hyderabad- 500 085

3. M/s Compressor and Tools Co., through its Chief Executive Vishwas Sharma S-5, S.A Trade Centre, Ranigunj, Secuhderabad - 500003 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt. 25.04.2016 passed in WP.No. 1408612016. ...RESPONDENTS Counsel for the Petitioner: SRI S.R.MAHAJIR Counsel for the Respondent No.1 & 4: SRI P.SRI HARSHA REDDY, SC FOR SCCL Counsel for the Respondent No.2 & 3: SMT PULIPATI RADHIKA The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA ' WRIT PETITION No.14O86 OF 2016 ' ORDER: Heard Sri S.R.Mahajir, learned counsel appearing on behalf of the petitioner, Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondent Nos'1 and 4 and Smt. Pulipati Radhika, learned counsel appearing on behalf of the respondent Nos.2 and 3' ro hed c ra e 2 as under: "...to issue a writ order or direction more particularly in the nature of a writ of certiorari, call for the records and quash the letter dated 16'10'2015 of Project Engineer ALP and letter RG2/AST/81- 53/3202(b) dated 21.12-2Ot5 of Respondent No'4 issued on its basis as baseless and violative of the petitioner's rights, set aside the result dated 13.02.2016 of the Technical Evaluation Committee in the tender process for Tender No.E-011500138 short listing bids of only respondent Nos.2 and 3 as being technically and commercially acceptable and declare the petitioner to be also qualified in the technical and commercial evaluation; set aside the price bid dated , I I 2

8.4.2016 and hold that the petitioner,s bid Rs.5,95,289.41 being the lowest bid in the Tender Process No.E-011500138 respondent No.1 pass orders taking into consideration the tender filed by the petitioner on par along with the other tenders in the proposed awarding of the contract for supply of 92 air compressors, without consideration of the letter of the engineer alleging unsatisfactory performance and grant..."

3. It is represented by the learned counsel appearing on behalf of the petitioners that the cause of action in the present writ petition does not survive for adjudication, any more.

4. Bringing the said submission of the tearned counsel appearing on behalf of the petitioner on record, the writ petition is dismissed as infructuous. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed. //TRUE COPY// D/. L. LAKSHMI BABU ISTANT REGISTRAR S AS SECTION OFFICER To,

2. J, 4 BSR GJP One CC to SRI S.R MAHAJIR' Advocate [OPUC] One CC to SMT PULIPATI RADHIKA' Advocate [OPUCI One CC to SRI P'SRI HARSHA REDDY' SC FOR SCCL IOPUCI Two CD CoPies (A- HIGH COURT DATED: 0310212025 ORDER WP.No.14086 of 2016 .t$E SiAI€: o L) 28 lPfl ?sls a -b DF.spat c\i (o DISMISSING THE WRIT PETITION AS INFRUCTUOUS, WITHOUT COSTS @ #,,

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