CENTRAL INSTITUTE OF PLASTICS ENGINEERING & TECHNOLOGY (CIPET) Vs. INDIAN OIL CORPORATION LIMITED AND ORS.

JUDGEMENT

(1.) THE petitioner -Institute assails the action of the respondent -Indian Oil Corporation Limited in granting benefit of protection and purchase preference to a Micro and Small Enterprise to the extent of the complete work order, i.e. 100%. Challenge has also been raised to a condition contained in the Notice Inviting Tender dated 30.12.2014 regulating preference to MSEs (Micro and Small Enterprises) and wherein it has been stipulated that the "tender cannot be split".

(2.) BRIEF facts and which are not in dispute may be noticed.

(3.) PETITIONER as also respondent No. 3 being eligible and qualified as per commercial and technical requirements prescribed in the Notice Inviting Tender gave their bids for the tender in question along with the relevant documents. Bid of the petitioner was the lowest i.e. 'L1'. Bid of respondent No. 3 i.e. Micro and Small Enterprise was, concededly, within the 15% parameter of the price given by the petitioner. As respondent No. 3 agreed to match the price of the petitioner, it has been allotted the tender.