JUDGMENT :

SACHIN DATTA, J.

C.M. No. 28247/2022 (for exemption) in W.P.(C) 9458/2022

Exemption allowed, subject to all just exceptions.

The applications stand disposed of.

W.P.(C) 8939/2022 and C.M. No. 26865/2022 (for ex-parte stay)

W.P.(C) 9458/2022 and C.M. Nos.28246/2022 (for ex-parte stay)

1. These petitions are directed against the disqualification of the petitioner pursuant to the tender issued by the respondents for manufacturing and supply of certain items to the railways. The relevant product/item in W.P. (C) 8939/2022 is Elastic Rail Clip MK-III, whereas in W.P. (C) 9458/2022, the relevant product is Elastic Rail Clip MK-V. Since both the petitions involve identical issue, in the context of identical facts, the said petitions are being disposed of by this common order.

2. The petitioner participated in the tender as a “Micro-Enterprise” under the Micro and Small Enterprise Act, 2006 (hereinafter referred to as ‘MSME Act, 2006’).

3. Admittedly, the only document furnished by the petitioner to establish its status as “micro enterprise” is “Certificate of Commencement of Production” issued by the District Trade and Industries Centre, Raipur. The respondents have not found this docum