JUMBO PACKAGING Vs. NUMALIGARH REFINERY LTD.

JUDGEMENT

(1.) Heard Ms. S. Kejriwal, learned counsel appearing for the petitioner in WP (C) No. . 638/2017 and for respondent No.4 in WP (C) No. 7912/2016 and Mr. J. Roy, learned counsel for the respondent Nos. 1 and 2 in WP (C) No. 638/2017 and for respondent Nos. 1, 2 and 3 in WP (C) No. 7912/2016. Also Mr. R. Dubey, learned counsel for the petitioner in WP (C) No. 7912/2016 and respondent No. 3 in WP (C) No. 638/2017 and Mr. SC Keyal, learned Assistant Solicitor General of India, appearing on behalf of the respondent No. 4 in WP (c) No. 638/2017.

(2.) M/s. Numaligarh Refinery Limited, a Public Sector Undertaking, the respondent No. 1 (in both the writ petitions) vide E-tender Reference No. OCO 5000141/SKD issued on 11.11.2016 Notice Inviting Tender for supply of total 20,00,000/- (Twenty Lakhs) Wax Carton Box (Five and Three Ply) as per specifications, dimensions and drawings. As per the tender details, the Bid submission date was 5.12.2016 and Technical Bid opening was on 6.12.2016. The said notice mentioned under the heading Special Note amongst others, the following:-

(3.) The petitioner firm (the respondent No. 4 in WP(c) No. 7912/2016) is a partnership firm having its registration under the Indian Partnership Act, 1932 (hereinafter referred to as the Act of 1932). It carries on business of manufacture and sale of various types of corrugated boxes and sheets in its own factory. The petitioner firm is a small scale enterprise well within the meaning, ambit and scope of the definition under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred as the Act of 2006). M/s Laxmi Narayan Kraft Industries, the respondent No. 3 (in WP(C) No. 638/2017) and petitioner in (Writ Petition (C) No.7912/2016) is also a partnership firm having its registration under the Act of 1932 and deals with similar business as that of the petitioner firm (in the WP (C) No. 638/2017).