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2021 Supreme(Chh) 249

P. R. RAMACHANDRA MENON, PARTH PRATEEM SAHU
Navin Kumar Chopda, through its Proprietor - Navin Kumar Chopda – Appellant
Versus
Hindustan Petroleum Corporation Limited (HPCL) A Government Of India Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vivek Chopda, Advocate
For the Respondents:Mr. Vikram Sharma, Mr. Ali Asgar and Mr. Utkarsh Rai, Mr Anurag Jha, Mr. Kashif Shakeel, Mr. Hari Agrawal, Mr. Anand Dadariya, Advocate

ORDER :

P.R. Ramachandra Menon, J.

1. The alleged arbitrary action on the part of the Respondent-HPCL in finalizing the tender for transportation of petroleum products contrary to the Annexure-P/4 – the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 (hereinafter referred to as 'Procurement Policy Order') issued by the Central Government and deviating from Annexure-P/2 Tender Conditions with regard to the eligible quota earmarked to the MSEs (Micro & Small Enterprises) like the Petitioners and in awarding the same to the persons of choice like the private Respondents herein, who are not even qualified under various heads, on a pick and choose basis, is the subject matter of challenge in these writ petitions.

2. WPC No. 3162 of 2018 is taken as the lead case and the parties & proceedings are referred to as given therein except where it is separately mentioned, depending on the context.

3. Mr. Vivek Chopda, the learned counsel addressed the Court on behalf of the Petitioners. The submission on behalf of the Respondent-HPCL was made by Mr. Ali Asgar, the

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