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2020 Supreme(AP) 341

K.VIJAYA LAKSHMI
Rappid Geo Services Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Ugra Narasimha.
For the Respondents: B. Krishna Mohan, Assistant Solicitor General of India and Avinash Desai.

ORDER :

K. Vijaya Lakshmi, J.

1. This writ petition is filed to declare the action of respondent Nos. 4 to 6 in deleting Clause 1.5 in Part 2 of the Bid Evaluation Criteria (BEC) by Amendment No. 1, dated 25.10.2019, in the tender Notice No. CEG2303P20, thereby denying the preference to MSMES as illegal and arbitrary and contrary to the provisions of Micro, Small and Medium Enterprises Development Act, 2006 (for short 'MSMED Act').

2. The case of the petitioner Company is that it is engaged in the business of Geologic and Seismic Surveying and Geodetic Surveying Activities etc.; the respondent Corporation conducts exploration of Oil and Natural Gas based on the Data that is obtained by conducting a Seismic Survey; in this connection, the respondent Corporation had issued a tender notification, which is open for both National and International bidding; it is also specified in the tender notification that a pre-bid conference will be held on 19.9.2019; Clauses 5.5 and 5.6 of the tender notification deal with purchase preference to Micro and Small Enterprises as defined under the Act; the Department of Public Enterprises had formulated a public procurement policy through Micro and Small

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