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2022 Supreme(Guj) 1314

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Om Irritech Ltd. – Appellant
Versus
Chief Engineer, Material Cell (C), Gujarat Water Supply And Sewerage Board – Respondent


Advocates Appeared:
For the Petitioner: Paras K. Sukhwani.
For the Respondent: Mr. Rituraj M. Meena.

ORDER :

(Aravind Kumar, J.)

1. By way of this petition under Article 226 of the Constitution of India, petitioner has challenged the legality and validity of the order passed by the respondent authority dated 18.6.2022.

2. Brief facts leading to filing of present petition are that petitioner is a ISO 9001-2015, certified company and is represented by its authorized representative in the present proceedings and it has been contended that petitioner company has successfully completed several projects in the State of Gujarat without any complaints and it is a reputed company and an approved Vendor of Gujarat Water Supply and Sewerage Board (hereinafter referred to as ‘GWSSB’) having registration from 27.4.2021, validity whereof is upto 25.4.2024.

Petitioner was issued with various purchase orders from EPC Contractors for supply of various diameter of pipes. Petitioner was intimated by respondent the some of the samples failed as per report of CIPET. New samples from field were sent by GR Field Officer for lab re-testing and result of same disclosed positive or no failure vide report dated 16.3.2022 (Annexure-E).

3. According to petitioner, in view of the circular dated 18.2.2022, a join

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