MAN INDUSTRIES INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India raises the questions relating to validity of tender process floated by Public Sector undertakings and calls upon this court to examine the process followed by the Respondents and to adjudicate upon the same while exercising powers of Judicial review available under the constitution and thereby seeking interference of this court by way of appropriate writ.

(2.) THE writ petition is filed for issuance of writ of mandamus and certiorari or any other appropriate direction seeking the production of the records of tender for Dahej – Vijaipur Pipeline Upgradation project and declaring the action of the respondents in inviting the fresh financial bids vide letter dated 8.6.2009, as illegal, arbitrary and violative of Article 14 of the Constitution of India, and to quash the letter bearing No. GAIL/ND/C&P/PRJ/DVPL-II/08-41/01, dated 08.06.2009, and consequently to direct the respondents to process the case of petitioner for award of contract and to pass such other suitable orders. Factual Matrix:

(3.) THE Petitioner is the company incorporated under the companies Act, 1956 and is the manufacturer of pipes. It is one of the bidder amongst the other in the Dahej- Vijaipur Pipeline Upgradation project as per the bids invited on 6.12.2008. The Respondent no. 1 is Union of India and Respondent no. 2 is GAIL (India ) Limited is the government of India undertaking on whose behalf tenders were invited for by one Tratebel S.A. (T.E). The respondents are thus amenable to the jurisdiction of this court.