Sanjeev Sachdeva, J.

WP(C) 7201/2015 & CM No. 13229/2015(stay)

1. The petitioner has filed the present petition challenging the award of tender by Respondent No. 2/Indian Oil Corporation Limited to Respondent No. 3/M/s. Bansal Brothers. The contention of the petitioner is that the Respondent No. 2 has awarded the contract to the Respondent No. 3 applying clause (vii) of the tender document of the Notice Inviting Tender (NIT), which provides for giving preference to Micro and Small Enterprises (MSEs).

2. The contention of the petitioner is that the tender envisaged a “works contract” and “works contract” simpliciter is not covered under the Micro, Small and Medium Enterprises (MSME) Procurement Policy 2012 of the Respondent No. 1 and as such, the preference given to the Respondent No. 3 was invalid and the contract could not have been awarded to the Respondent No. 3.

3. Respondent No. 2 had issued the Notice Inviting e-tender (NIT for short) for first phase of replacement of sewer, waste water lines of residential flats of Indian Oil Nagar, site-I and II, Sector-55, Noida. Clause (iii) of the NIT stipulated that the work was indivisible and shall be awarded to single successf