PENNAR ENGINEERED BUILDING SYSTEM INDIA LTD AND ORS Vs. SECY , MINISTRY OF CHEMICALS & FERTILIZERS AND ORS

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, is preferred against the interlocutory order passed by the learned single judge in W.P. No. 9580 of 2017 dated 3.4.2017. The appellants herein are the petitioners in W.P. No. 9580 of 2017. They questioned the action of the respondents in computing the effect of 2% adjustment against the issue of Form 'C' in relation to tender supply of Fabricated Structural Steel Assembly, and with regards outside state suppliers, as lower tenderers even though the quoted rate of the local supplier, was lower, as arbitrary and unconstitutional. In the alternative, they sought a declaration that Clause 8.2 of the Special Purchase Conditions (SPC) in the bid document dated 22.11.2016, floated by the third respondent, was illegal and arbitrary.

(2.) By an interlocutory order dated 17.3.2017, the learned Single Judge, while ordering notice before admission and having permitted the appellants-writ petitioners to take out personal notice on respondent Nos. 2 to 5 and 7 by Registered Post with Acknowledgment due and to file proof of the same, observed that, since this was a tender matter and the Court wanted to dispose of the same at the earliest point of time, status-quo as on that date should be maintained. The matter was directed to be listed after two weeks.

(3.) When the matter was listed thereafter on 3.4.2017, counter-affidavits were filed on behalf of respondent Nos.2 to 5. While there appears to be a dispute regarding grant of time to file a rejoinder, and it is contended that the learned Single Judge had vacated the order without the counsel for the appellants-writ petitioners being given an opportunity to put forth their submissions, it is wholly unnecessary for us to examine this contention, since we are satisfied that the order under appeal must be set aside as it is bereft of reasons.