SUNSHINE ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) These two petitions have been preferred raising primarily the same issue, namely, that despite the petitioner being found to be the lowest bidder in the bidding process, the respondents have not awarded the contract to the petitioner, and are proceeding to cancel it and initiate the fresh tender process. Even when the matter, i.e. W.P.(C) 7923/2021 came up before this Court on 6/8/2021, we recorded the following order:-

(2.) The respondent moved C.M. No. 27411/2021 ­ for vacation of the stay order granted on previous date, which came up before the Court on 23/8/2021. Mr. Jetly ­ who appears for the respondent, stated that the said application may be read as the respondent's counter-affidavit in the writ petition. The matter was thereafter adjourned for today, i.e. 6/9/2021.

(3.) Today, we have heard the submissions of learned counsels. The primary submission of learned counsel for the petitioner is that the respondents have acted on the basis of an anonymous complaint, and it appears that even before the said anonymous complaint was received, the respondents had proceeded to act in terms thereof.