M/S UTTAM SUCROTECH INTERNATIONAL PVT. LTD. THRU AUTH. SIGN Vs. STATE OF U.P. THRU PRIN. SECY. SUGARCANE CIVIL SECTT. LKO.& ORS.

JUDGEMENT

(1.) Heard Sri J.N. Mathur, learned Senior Counsel for the petitioner assisted by Sri Amrendra Nath Tripathi, Sri P.K. Sinha, learned counsel for the respondents 2 & 3 and Sri S.K. Kalia, learned Senior Counsel assisted by Sri Sameer Kalia for the respondent no. 4.

(2.) This writ petition has been filed by the petitioner-M/s Uttam Sucrotech International Pvt. Ltd. praying for a writ of certiorari quashing the award of tender by the respondent no. 2 in favour of the respondent no. 4 in pursuance of the tender dated 15.09.2016 (Annexure no. 2) and commanding by means of writ of mandamus the respondent no. 2 to award the said tender in favour of the petitioner claiming himself to be technically qualified as having given an undertaking to match the technical and financial bid of the tender. It is also prayed that respondent no. 1 be directed by means of mandamus to conduct an enquiry as to how the tender was awarded to respondent no. 4 who was not qualified as having not complied with the mandatory tender conditions.

(3.) Brief facts of the case are that petitioner is a registered company which specializes in Design, Manufactures, Supply, Complete Green field energy efficient Sugar Plants, including Civil, Milling Tandems, Boilers and Power Co-generation, Energy Efficient Process House, Sugar Refineries, distilleries and Ethanol Plants and Expansion and Modernisation and its area of operation is pan India and overseas.