Madras High Court
The Chief General Manager (Contracts) vs Peter & Miller Packers on 29 April, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.No.994 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.No.994 of 2025
1. The Chief General Manager (Contracts)
Indian Oil Corporation Ltd
South Regional Office
No.139, Uthamar Gandhi Salai
Chennai 600 034
2. The Chief Manager (Contracts)
Indian Oil Corporation Ltd
South Regional Office
No.139, Uthamar Gandhi Salai
Chennai 600 034 .. Appellants
v.
Peter & Miller Packers
Rep. by its Proprietor Mr.K.Ashokan
No.130, Ram Naicken Street
Royapuram
Chennai 600 013 .. Respondent
Memorandum of Grounds of Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 18.02.2025 passed in W.P.No.4803 of
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W.A.No.994 of 2025
2025.
For Appellants :: Mr.AR.L.Sundaresan
Additional Solicitor General of India
assisted by Mr.Mohammed Fayaz Ali
For Respondent :: Mr.K.S.Viswanathan
Senior Counsel for
Mrs.T.Hemalatha
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)
The intra-Court appeal has been instituted challenging the writ order
dated 18.02.2025 passed in W.P.No.4803 of 2025. The writ petition came to
be instituted seeking a mandamus to the appellants to consider the
representation of the respondent dated 06.02.2025 and re-verify, validate
and approve the credentials of the respondent as MSE, both online in GeM
profile and also in the bid documents being eligible under the preferential
bidder category in respect of the bid document submitted by the respondent.
2. The writ Court adjudicated the issues and disposed of the writ
petition on the following terms:-
“14. In view thereof, this writ petition is disposed of on the
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following terms:
(i) The respondents are directed to consider the
petitioner's bid under the MSE category notwithstanding the
fact that the petitioner clicked in the online portal and
consider his claim in accordance with law with reference to
all other aspects and include him in the process of selection;
(ii) Needless to mention that the petitioner will be
considered under MSE category for the purpose of price
preference if the respondents find that he is otherwise eligible
and is in order;
(iii) There shall be no order as to costs. Consequently,
connected miscellaneous petitions are closed.”
3. Not satisfied with the writ order, the Indian Oil Corporation
Limited preferred the present writ appeal. This Court granted interim order
and consequently the appellant-Indian Oil Corporation Limited opened the
price bid.
4. The learned Senior Counsel Mr.K.S.Viswanathan appearing on
behalf of the respondent would submit that the respondent is the last bidder
and even in the absence of price preference and participating as a non-MSE
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bidder, he is considered as L-1 and the said position of the respondent has
been displayed through online portal of Indian Oil Corporation Limited. In
this regard, the respondent filed a sworn affidavit today (29.04.2025) after
serving a copy to the other side. Paragraph-5 of the sworn affidavit filed by
the respondent reads as under:-
“5. The writ petitioner/respondent hereby submits
that he is not claiming any price preference as falling
under MSE category and he is willing to participate
in the bid undr the Non-MSE category and abide by
the procedure adopted by the appellant Corporation
for confirmation of the bid. As presently announced
by Appellant IOC as the Lowest Bidder (L-1).”
5. The learned Additional Solicitor General of India
Mr.AR.L.Sundaresan assisted by Mr.Mohammed Fayaz Ali, on instructions,
from Indian Oil Corporation Limited, made a submission that as per
paragraph-5 of the sworn affidavit filed by the respondent, his case will be
considered and appropriate orders will be passed by the appellants.
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6. In view of the said submission made between the parties, the writ
order impugned dated 18.02.2025 passed in W.P.No.4803 of 2025 is set
aside and the writ appeal stands allowed with a direction to the appellants to
consider the sworn affidavit filed by the respondent. Consequently,
C.M.P.No.8150 of 2025 is closed. No costs.
Index : yes/no (S.M.S.,J.) (K.R.S.,J.)
Neutral citation : yes/no 29.04.2025
ss
To
1. The Chief General Manager (Contracts)
Indian Oil Corporation Ltd
South Regional Office
No.139, Uthamar Gandhi Salai
Chennai 600 034
2. The Chief Manager (Contracts)
Indian Oil Corporation Ltd
South Regional Office
No.139, Uthamar Gandhi Salai
Chennai 600 034
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S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
ss
29.04.2025
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