Andhra Pradesh High Court - Amravati
Amilionn Technologies Private ... vs Vsoft Technologies Pvt Ltd on 9 February, 2022
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
WRIT APPEAL NO.300 of 2020
(Through virtual mode)
Amilionn Technologies Private Limited,
A company incorporated under the
Companies Act 1956 Having its registered
Office at Plot No. 15A, Sai Prithvi Enclave,
5th Floor, Kondapur, Serilingampalli, Hyderabad,
Rangareddi, Telangana, India - 500084,
Rep by its Managing Director Mr. Harish Amilineni .. Appellant
Versus
VSOFT TECHNOLOGIES PVT LTD
Having its registered office at DSR Inspire,
Plot No.21, Sector 1, Huda Techno Enclave, Madhapur,
Hyderabad, Telangana, India - 500081,
Rep by its Authorized Signatory
Veeraghanta Lakshmi,
Narasimha Murthy, Aged about 59 years,
S/o.V.V.R. Subrahmanyam,
Occ: Chairman and Managing Director
& others. .. Respondents
Counsel for the appellant : Mr. M. V. Pratap Kumar
Counsel for respondent No.1 : Mr.N.Ashwani Kumar
Counsel for respondent Nos.3,4&7 : GP for MH & FW
Counsel for respondent Nos.5&6 : Mr. Venkata Reddy Chittem
Standing Counsel for APMSIDC
Counsel for respondent No.8 : Mr. A.Sumanth
JUDGMENT (ORAL)
Dt: 09.02.2022
(per Prashant Kumar Mishra, CJ)
This writ appeal would call in question the order dated 14.7.2020
passed in I.A.No.6 of 2020 in W.P.No.4198 of 2020 by the learned single
HCJ and MSM,J
W.A.No.300 of 2020
Judge, refusing to recall the order dated 18.5.2020 in W.P.No.4198 of 2020.
Challenge is also to the said order dated 18.5.2020 by which the writ petition
was permitted to be withdrawn.
2. A Consortium of three petitioners, including the present appellant,
preferred W.P.No.4198 of 2020 seeking the following reliefs:
"(A) Declaring the action of the Respondent No.4 in
cancelling RFP No.9.4/APMSIDC/Equipment/2019-20 dated
20.11.2019 and calling for fresh tenders vide RFP
No.14.3/APMS/DC/Equipment/2019-20 dated 13.01.2020
without any rational or tenable reason, in order to favour the
Respondent No.6 as being illegal, arbitrary, unjust and
unconstitutional and;
(B) Declaring the action of the Respondent No.4 in
failing to disqualify and blacklist the Respondent No.6 for
submitting false documents as being illegal, arbitrary and
malafide and;
(C) Declaring that the action of the Respondent
No.4 in adjudicating the consortium lead by the Respondent
No.6 as qualified for commercial/financial bid, though they
failed to fulfil the prequalification and technical criterion, as
mentioned in Clauses 6.1 and 6.2, of the Request for
Proposal and;
(D) Consequently, to set aside the cancellation of
RFP No.9.4/APMSIDC/Equipment/2019-20 dated 20.11.2019,
and issuance of fresh tenders vide RFP
No.14.3/APMSIDC/Equipment/2019-20 dated 13.01.2020 by
the Respondent No.4, and
(E) Consequently direct the Respondent No.4 to
blacklist the consortium lead by Respondent No.6 and
(F) Consequently award the tender to the
Petitioners consortium in pursuance to the RFP
No.9.4/APMSIDC/Equipment/2019-20 dated 20.11.2019.
HCJ and MSM,J
W.A.No.300 of 2020
(G) Pass such further order or other orders as this
Hon'ble Court deems fit and proper in the circumstances of
the case."
3. The application for withdrawal of the writ petition was moved and it
was allowed by the writ court on 18.05.2020. The application was signed by
one V.L.N.Murthy, Chairman and Managing Director and authorized signatory
of the petitioner No.1 company, i.e., Vsoft Technologies Private Limited.
When the learned Judge accorded permission to withdraw the writ petition,
vide order dated 18.5.2020, the present writ appellant, who is one of the
parties to Consortium/petitioner No.3 in W.P., preferred I.A.No.6 of 2020
seeking recall of the order dated 18.5.2020 passed in W.P.No.4198 of 2020.
The only ground urged before the learned single Judge was that he has not
given consent for withdrawal of the writ petition and that therefore, the
order should be recalled and the writ petition should be heard on merits. By
order dated 14.7.2020, learned single Judge has dismissed I.A.No.6 of 2020
on the ground that there is clearly an inter se dispute between the parties of
the Consortium and two out of three petitioners stated that all the three of
them have decided to settle the matter. Para - 2 of the memo filed in the
writ petition clearly shows that the writ petitioners and respondent No.6
have discussed, negotiated and then arrived at an amicable settlement. In
that view of the matter, the writ court observed that the inter se dispute
among the parties to the Consortium about the consent/lack of consent is
not a matter to be adjudicated in these proceedings or in the writ petition.
Resultantly, the application for recall of the order dated 18.5.2020 was
dismissed.
HCJ and MSM,J
W.A.No.300 of 2020
4. It is sought to be argued before us that a fraud has been played by
the parties, and therefore, the impugned order deserves to be set-aside and
the writ petition deserves to be restored back for adjudication on merits.
5. We are afraid, in the absence of any allegation that fraud was played
on the Court, this Court would not permit the parties to seek recall of the
order dated 18.5.2020, by which the writ petition was permitted to be
withdrawn on the statement made by the petitioners that they have settled
the matter with respondent No.6. Learned single Judge has rightly observed
that if one of the parties to the Consortium was kept in dark or the consent
of that party was not obtained, that might be a dispute between the parties
and there being disputed questions, recall of the order passed by the writ
court permitting withdrawal of writ petition, is not permissible.
6. We are in agreement with the observations made by the learned
single Judge while refusing to recall the order dated 18.5.2020. Even
otherwise, the contract is for seven years and the same is in the process of
execution.
7. For the reasons stated above, the writ appeal is dismissed. No order
as to costs.
8. As a sequel, miscellaneous applications, if any pending, shall stand
closed.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J
HS
HCJ and MSM,J
W.A.No.300 of 2020
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
Writ Appeal No.300 of 2020
(per Prashant Kumar Mishra, CJ)
Dt: 09.02.2022
HS
