KARAN KUMAR ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for issuance of writ in the nature of mandamus directing release of the balance items of two lots of the delivery order dated June 11, 2021 and for other consequential reliefs.

(2.) The petitioner submitted his bid for e-tender cum e-auction which was floated by the Metals Scrap Trading Corporation limited (for short "MSTC"). The petitioner's bid was approved in respect of three lots including lot no. 2.0 and lot no. 5.0. The petitioner was requested to deposit the amount of security deposit which the petitioner did and MSTC also issued acceptance letter. Petitioner received a delivery order dtd. 11/6/2021 from MSTC with respect to lot no. 2 and 5. On June 21, 2021 petitioner received part delivery of lot no. 5.On June 22, 2021 lot no. 2 was partly delivered to the petitioner. The petitioner received another delivery order with respect to lot no. 2 and 5 from Century Plyboards wherein it was mentioned that the petitioner was required to produce BIS certificate in respect of item no. 9 namely 15 Watt LED Bulb of lot no. 5 and the cosmetic items of lot no. 2 are liable for destruction. Through an e-mail, petitioner was intimated that he is required to produce BIS certificate so far as the item no. 9 i.e. 15 Watt bulb of lot no. 2 is concerned and in respect of some item of lot no. 5 it was stated that authority is unable to release the said items without custom release order as they have already received destruction order.

(3.) Mr. Bhattacharya learned advocate for the petitioners contended that e-auction was held after compliance of all formalities. Petitioner became the successful bidder and made payment which was accepted by the concerned authority. By referring to various clauses of the Disposal Manual 2019 (for short "the Manual") he contended that since the goods are sold in auction, the authorities cannot refuse to release the goods on the ground that BIS certificate is needed. He further submitted that the goods which were auctioned cannot also be directed to be destructed as the same is against the procedure laid down in the Manual.