RECO PROCESS PUMPS Vs. DEVELOPMENT COMMISSIONER/ ADDITIONAL SECRETARY

JUDGEMENT

(1.) These two Writ Petitions are connected and as such, are disposed of by this common order.

(2.) The petitioner, M/s.Reco Process Pumps (RECO), represented by its proprietor, S.Savitha, filed W.P.No.35878 of 2023, seeking a direction to the third respondent, M/s.Bharat Heavy Electricals Limited, Ranipet (BHEL), to consider the it's offer dtd. 17/10/2023 to match the Non-MSE L1 price as per the Public Procurement Policy for Micro and Small Enterprises, 2012. This includes the Procurement Norms under Public Procurement Policy for MSEs (PPP-MSEs: 2012) as detailed on the third respondent's website, as well as the special provisions for Micro and Small Enterprises in Annexure-M mentioned on the same website, concerning Tender No.3820383E for the supply of slurry pumps for the Kahalgaon project and to award the contract in favour of the petitioner.

(3.) Originally, by the order dtd. 24/4/2024, the Writ Petition was allowed with certain directions. However, M/s.Sam Turbo Private Limited filed W.A.No.2316 of 2024, claiming to have been declared as L1 under the said tender and stating that the order was not passed in its presence. The contention was accepted by the Hon'ble Division Bench of this Court, which set aside the order dtd. 24/4/2024 and directed that the Writ Petitions be disposed of afresh after giving an opportunity to the said Company. Accordingly, M/s.Sam Turbo Private Limited (SAMTURBO) is impleaded as the fourth respondent in W.P.No.35873 of 2023 and the matter is taken up for disposal.