SURYA INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order to quash and set aside the action of the respondent authority communicated by letter dated 07.07.2017 whereby the respondent authority has refused to issue work order in favour of the petitioner for Roof Top Power Generation, Bhavnagar. It is further prayed to issue appropriate writ, direction and order directing the respondent No.2 to issue work order in favour of the petitioner for Roof Top Solar Power Generation, Bhavnagar carriage repair workshop, after holding that the petitioner is eligible to get the benefit of the exemption of EMD for the said tender work on the basis of MSME Certificate as per the MSME.

(2.) The facts leading to the present Special Civil Application in nut-shell are as under:

(3.) Shri Percy Kavina, learned Senior Advocate has appeared on behalf of the petitioner. Shri K.M. Parikh, learned Advocate has appeared on behalf of the respondent authorities and Shri Satyen Thakkar, learned Advocate has appeared on behalf of the respondent No.4 in whose favour the work order has already been issued much prior to the filing of the present petition.