ELECTROSTEEL CASTINGS LIMITED Vs. STATE OF M.P.

JUDGEMENT

(1.) BY filing this petition under Article 226/227 of the Constitution of India the petitioner company has challenged the Tender No. K 5105 -A of Tender Notice No. 11 -A/05 -06 by which the second respondent invited tenders for purchase of Centrifugally Cast (Spun) Ductile Iron Pressure Pipes (for short DI Pipes).

(2.) INITIALLY tender No. K 3205 -A NIT was issued by the respondents for supply of DI pipes on 20th February 2004. As per the said NIT, the requirement of DI Pipes was that they must be conforming to IS 8329:2000 (with upto -date amendment) and should be of indigenous material only. The petitioner submitted its offer on 20.4.2004 vide Annexure P -5. The tenders received were opened on 23.4.2004 in the presence of intending bidders. The respondents accepted the bid of suppliers for pipe manufactured in China. The said action of the respondents was challenged by the petitioner in WP No. 3481/2004. In the said writ petition, an interim relief was granted in favour of the petitioner restraining the respondents from purchasing the pipes of Chinese origin. Thereafter the respondents moved an application seeking permission for issuance of fresh Notice Inviting Tender (for short "NIT") for the supply of indigenous material. The said application was considered by this Court and the Writ Petition No. 3481/2004 was disposed of by order dated 15.3.2005 with following directions:

(3.) THEREAFTER fresh NIT No. ll -A/05 -06 was issued by the respondents for purchase of DI Pipes conforming to IS 8329:2000 with upto -date amendment through single bid system vide tender No. K -5105 -A. Feeling aggrieved, the petitioner has filed this writ petition.