THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.6064 of 2019 and W.M.P.No.6888 of 2019 tender case order

[2/17, 17:28] Sekarreporter: W.P.No.6064 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 23.01.2020
Pronounced on :10.02.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No.6064 of 2019
and
W.M.P.No.6888 of 2019
Muthoot Exim Pvt. Ltd.,
Rep.by its Senior Manager (Business Development)
No.18, 18
th Floor, Sunshine Towers,
Senapati Bapat Marg,
Mumbai – 400 013.
.. Petitioner
..Vs..
1.State of Tamil Nadu,
Rep.by its Secretary to Government,
Social Welfare Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Panagal Maaligai, 2
nd Floor,
Saidapet,
Chennai – 600 015.
.. Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus,
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[2/17, 17:28] Sekarreporter: W.P.No.6064 of 2019
directing to call for the records on the file of the respondents,
relating to the impugned order of the 2
nd
respondent (i) dated
24.12.2018 in P.R.O.C.No.11549/WW-1(1)/2018 (ii) order dated
05.02.2019 in P.R.O.C.No.11549/WW-1(1)/2018 and quash the
same; and consequently direct the respondents to refund to the
petitioner the sum of Rs.53,00,000/- paid by way of EMD towards
the tender for supply 8 gms of gold coin pursuant to the tender
dated 27.07.2018 in P.R.O.C.No.11549/WW-1(1)/2018 issued by
the 2
nd
respondent together with such reasonable rate of
interest.
For Petitioner : Mr.V.Anand
For Respondents : Mr.A.Kumar, AAG – VII,
for E.Balamurugan,
Special Government Pleader.
ORDER
This Writ Petition has been filed in the nature of Writ of
Certiorarified Mandamus, calling for the records on the file of
the respondents, relating to the impugned order of the 2
nd
respondent, namely, the Commissioner of Social Welfare,
Chennai, dated 24.12.2018 and 05.02.2019 and quash the same
and direct the respondents to refund to the petitioner a sum of
Rs.53,00,000/- paid by way of Earnest Money Deposit (EMD)
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[2/17, 17:28] Sekarreporter: W.P.No.6064 of 2019
tender documents. Therefore, I find no infirmity in the impugned
orders forfeiting the EMD amount of Rs.53,00,000/-.
With respect to blacklisting, the 2
nd
respondent had
originally stated that the petitioner would be recommended for
blacklisting and since, the petitioner had not replied for the
same, the 2
nd
respondent, had blacklisted the petitioner
Company from the Government tenders.
In view of the above reasons, I hold that the petitioner
has not made any case to interfere with the impugned orders.
Therefore, the Writ Petition stands dismissed. No order as to
costs. Consequently, connected Writ Miscellaneous Petition is
closed.
10.02.2020
smv
Index : Yes / No
Internet : Yes / No
Note: Issue order copy on 12.02.2020.
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