COSMO ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions are directed against the disqualification of the petitioner pursuant to the tender issued by the respondents for manufacturing and supply of certain items to the railways. The relevant product/item in W.P. (C) 8939/2022 is Elastic Rail Clip MK-III, whereas in W.P. (C) 9458/2022, the relevant product is Elastic Rail Clip MK-V. Since both the petitions involve identical issue, in the context of identical facts, the said petitions are being disposed of by this common order.

(2.) The petitioner participated in the tender as a "Micro-Enterprise" under the Micro and Small Enterprise Act, 2006 (hereinafter referred to as "MSME Act, 2006").

(3.) Admittedly, the only document furnished by the petitioner to establish its status as "micro enterprise" is "Certificate of Commencement of Production" issued by the District Trade and Industries Centre, Raipur. The respondents have not found this document as being sufficient to establish that the petitioner had a valid and subsisting registration as a micro enterprise as on the date of submission of its bid. The relevant instructions to tenderers which contemplates subsisting, valid registration as MSEs is contained in Clause 3.1 of the instructions to tenderers which reads as under: