LAWS(DLH)-2009-2-53

INDOTECH GROUP Vs. UOI

Decided On February 12, 2009
INDOTECH GROUP Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) THE present writ petition under Article 226 of the Constitution of india seeks quashing of the tender dated 22nd February, 2008 and 15th april, 2008 for Flame Retardant Overalls (FR Overalls) on the ground that the qualifying terms and conditions imposed are unfair and unreasonable, and have the effect of restricting the participation in the tender of parties other than one to whom the benefit is sought to be extended, and further creating a monopoly in favour of the said firm.

(2.) THE facts as are relevant for the determination of the present writ petition are as follows:-

(3.) CORRESPONDENCE ensued between the Petitioner and Respondent No. 2 whereby the Petitioner stated that it had taken up with Respondent No. 6 the issue of the requisite certificate, whilst objecting to the impugned condition as giving room to monopolistic and restrictive trade activities.