Patna High Court
M/S Sme Cable Manufacturer ... vs The South Bihar Power ... on 16 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17790 of 2021
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M/s SME Cable Manufacturer Welfare Association A Company Limited by
Shares incorporated under the Provisions of Companies Act, 2013 and the
Rules of the Companies (Incorporation) Rules, 2014 having its Office at A-
005 Roman Court, Anshal Plaza Sushant City, Kundli Sonepat (Haryana)
through its Authorized Signatory Sri Shiv Kumar Sinha, Aged about 51 years,
Gender Male, Son of Late Shatrughan Sinha, Resident of Nisarpura,
Amarpura, P.S. Naubatpur, District- Patna.
... ... Petitioner/s
Versus
1. The South Bihar Power Distribution Company Ltd. Patna, Bihar, a
Government of Bihar undertaking (SBPDCL of the sake of brevity
hereinafter), having its registered office Vidyut Bhawan, Bailey Road, Patna
through its Chairman-cum-Managing Director.
2. The Chairman-cum-Managing Director, South Bihar Power Distribution
Company Ltd., Patna, Bihar, having its office Vidyut Bhawan, Bailey Road,
Patna.
3. The Managing Director, South Bihar Power Distribution Company Ltd.,
Patna, Bihar, having its office Vidyut Bhawan, Bailey Road, Patna.
4. The Chief Engineer, Department of Store and Purchase, South Bihar Power
Distribution Company Ltd., Patna, Bihar, having its office Vidyut Bhawan,
Bailey Road, Patna.
5. The Electrical Superintending Engineer, Department of Store and Purchase,
South Bihar Power Distribution Company Ltd., Patna, Bihar, having its
office Vidyut Bhawan, Bailey Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arjun Kumar, Advocate
For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate
Mr. Vijay Kumar Verma, Advocate
Mr. Akhileshwar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 16-03-2023
Heard learned counsels for the respective parties.
Patna High Court CWJC No.17790 of 2021 dt.16-03-2023
2. In the instant petition, petitioner has prayed for the
following reliefs:
"(i) For quashing/setting aside the Minimum Average
Annual Turn Over of at least INR Two Hundred Crores only
from the cable, conductor & allied businesses for the best
three (3) Financial Years out of last five (5) Financial Years
ending March 2020 fully detailed in column 3(A2)(ii) of all
the four Notices inviting tender bearing NITS No.
11/PR/SBPDCL/ 2021 by SBPDCL, 12/ PR/SBPDCL/ 2021
by SBPDCL, 13/PR/SBPDCL/ 2021 by SBPDCL and
14/PR/SBPDCL/ 2021 by SBPDCL (Department of Store &
Purchase) Patna inviting Online Tender for Domestic
Competitive Bidding for the procurement of LT Arial Bunch
Cable [3x120(Ph)+1x95 (Insulated Messenger-cum-Neutral) +
1x16 (Insulated Street Lighting) SQ. MM], LT Arial Bunch
Cable [3x95(Ph)+1x70 (Insulated Messenger-cum-Neutral)
1x16 (Insulated Street Lighting) SQ. MM], LT Arial Bunch
Cable [3x70(Ph)+1x50 (Insulated Messenger-cum-Neutral) +
1x16 (Insulated Street Lighting) SQ. MM] and LT Arial Bunch
Cable [3x50(Ph)+1x35 (Insulated Messenger-cumNeutral) +
1x16 (Insulated Street Lighting) SQ. MM] respectively and
thereafter consequential change in other terms and conditions
of the notices inviting tender;
(ii) For the direction to the Respondents to amend the
restriction of past experience of tender size fully detailed in
column 3(A1)(iii) of all the four Notices inviting tender
bearing NITS No. 11/PR/SBPDCL 2021 by SBPDCL,
12/PR/SBPDCL/ 2021 by SBPDCL, 13/PR/SBPDCL/ 2021
by SBPDCL and 14/PR/SBPDCL/ 2021 by SBPDCL
(Department of Store & Purchase) Patna inviting Online
Tender for Domestic Competitive Bidding for the procurement
of LT AB Cable of different sizes in all four
tenders;
Patna High Court CWJC No.17790 of 2021 dt.16-03-2023
(iii) For the direction to the Respondents to amend the
restriction of production capacity of the bidder fully detailed
in column 3(A1)(iii) itself of all the four Notices inviting
tender bearing NITs No. 11/PR/SBPDCL/2021 by SBPDCL,
12/PR/SBPDCL/2021 by SBPDCL, 13/PR/SBPDCL/2021 by
SBPDCL and 14/PR/SBPDCL/2021 by SBPDCL (Department
of Store & Purchase) Patna inviting Online Tender for for
Domestic Competitive Bidding for the procurement of LT AB
Cable of different sizes in all tenders;
(iv) For the issuance of a writ mandamus directing the
respondents to prescribe the pre-qualification criteria such as
Minimum Average Annual Turnover, past-experience and the
production capacity in accordance with the Office
Memorandum dated 17.12.2002 of the Central Vigilance
Commission, Government of India and to thereafter invite
Bids from interested contractors;
(v) For the issuance of any other appropriate writ/
(s)/order/(s)/ direction/(s) for which the petitioner is found
entitled for in the present facts and circumstances of the case
by this Hon'ble Court."
3. During pendency of the present petition, the process
of tender and issuance of work order have already completed.
Moreover, there is no interim order so as to examine the relief
sought by the petitioner.
4. Accordingly, the present petition has become
infructuous. Reserving liberty to the petitioner to file writ petition
in the event of similar tender notification is issued with the
impugned clauses, he may request the Court for grant of interim
order and thereafter, to consider the subject matter on merit.
Patna High Court CWJC No.17790 of 2021 dt.16-03-2023
5. With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.03.2023
Transmission Date NA
