K. K. ELECTRO TRADE Vs. SUSHIL AGARWAL

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that RajCOMP Info Services Ltd. (A Government of Rajasthan Undertaking) invited bids for Operational and Technical Support Services for GPS devices, in pursuance whereof, the petitioner submitted its bid to Raj COMP Info Services Ltd. on 7/9/2015 and the same was accepted, whereupon work order was issued in favour of the petitioner on 2/9/2016. The petitioner approached the respondent no.1 for coordinating and operational training support for operational & technical services for GPS Devices for the period from 3/9/2016 to 2/3/2017.

(3.) Learned counsel for the petitioner submitted that the respondent no.1 does not fall under the definition of 'supplier' as provided under Sec. 2 (n) of the Act of 2006 because at the time of the work order dtd. 2/9/2016 issued in favour of the petitioner, the respondent no.1 was not a registered Unit, and therefore, as per the definition of 'supplier', it is necessary that the Unit concerned is registered as Small or Micro Enterprise. For ready reference, Sec. 2(n) of the Act of 2006 is reproduced as hereunder:-