The prayer in Writ Petition No.28827 of 2007 filed by M/s.Garware-Wall Ropes Ltd. is for issuance of a Writ of Certiorarified Mandamus, to call for the records in connection with Re-Tender Notification issued by the respondents dated 28. 2007 and earlier Tender Notification dated 24. 2007 and quash the Notification dated 28. 2007 and consequently direct the respondents to pursue the Tender Notification dated 24. 2007 in the matter of manufacture and supply of webbings to fishermen affected by Tsunami.

2. According to the petitioner in W.P.No.28827 of 2007, it is a Company registered under the Companies Act, engaged inter-alia in the manufacture and supply of synthetic ropes, twines, yarn, nettings/webbings (including fishing nets), woven fabric and geosynthetic products. It is a Company which is the third largest manufacturer of synthetic cordage in the world and the largest in India. It has been awarded the Star Export House status by the Ministry of Commerce, Government of India, besides ISO:9001:2000 accreditation. They have not only a strong domestic performance, but are predominant in the field of export market also. The petitioner-Company is specialised in providing application-based specials for fishing, shipping and oil exportation industries. The petitioner has a very big factory with more than 110 machines, which can be put to use for the manufacture and supply of webbings for bulk quantities.

3. The respondents herein have issued a Tender Notification on 212. 2006 inviting tenders from manufacturers of webbings, who have a capacity of 1250 Metric Tonnes (for short, Metric Tonnes as "MT") of supply to supply 1100 MT of webbings, as per the specification and the terms and conditions referred to in the Tender Notification. In terms of the specifications mentioned in Tender Notification, the successful tenderers were required to supply 1100 MT knotted nylon webbings to the fishermen of the Tamil Nadu. The tenderers were required to pay an EMD of Rs.44 lakhs.

.4. The petitioner being a major company, having annual production capacity of more than 1250 MT, submitted their tenders with all the relevant documents and proofs on 1. 2007. In terms of the tender conditions, the tenders were opened on 1. 2007. All the tenders submitted before the prescribed time, were verified so as to examine whether they were qualified on technical grounds. The petitioners have all their qualifications and it is understood that the bids were found technically qualified. Thereafter on 2. 2007, a Committee constituted by the Director of Fisheries, inspected the petitioners factory so as to ascertain the availability of infrastructural facilities and machineries and also to verify the manufacturing capacity of the petitioner-Company (hereinafter referred to as the Company). The Committee comprised of an official of the Fisheries Survey of India (Government of India) and two State Government officials. On inspection, the Committee was fully satisfied with the manufacturing capacity and the infrastructure of the Company, for the required supply of webbings. Thereafter, on 4. 2007, the price bids of the Company were opened. According to them, the petitioner-Company was the only Company which was technically qualified. After opening the price bids, the Company was called for negotiations and there were four rounds of negotiations and in which, the price quoted was reduced by the petitioner-Company to some extent. While that being the position, on 14. 2007, the Tender Awarding Committee rejected the tenders on the ground that there does not exist Bureau of Indian Standards (hereinafter referred to as the BIS) for webbings, a condition stipulated in the tender. It is the case of the Company that in this context, while submitting the bid by the petitioner, they had pointed out/clarified on this that the nylon multi filament nettings will be made from the twine conforming to IS-4401. However since there is no BIS Standard for nylon mono fil