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2021 Supreme(Mad) 2394

M.DHANDAPANI
Om Ganesha Metal Drums, Rep. By its Managing Partner A. Jitender Kumar, Maharashtra – Appellant
Versus
General Manager, Marketing Division, Indian Oil Corporation Ltd. , Chennai – Respondent


Advocates Appeared:
For the Petitioner: AR. L. Sundaresan, SC, S. Kamalesh Kannan.
For the Respondents: Mohammed Fayaz Ali.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for the records of the 2nd respondent in e-mail communication dated 28.10.2021 in rejecting the bid application of the petitioner and quash the same and consequently direct the respondents 1 and 2 to include and permit the petitioner to participate in Tender No.SRCC/PT/090/TNSO/2021-22 bearing Tender ID No.2021_SROTN_139613_1.)

1. The present petition has been filed challenging the rejection of the petitioner's bid application by the 2nd respondent.

2. The petitioner is a partnership firm, viz., a Micro, Small and Medium Enterprises (MSME) Unit, involved in the manufacture of metal drums and the unit was established in the year 2020, which is a “Startup Unit”, as certified by the Department of Promotion of Industry and Internal Trade and the unit is involved in the supply of metal drums.

3. It is the case of the petitioner that pursuant to the invitation of tender by the 2nd respondent for the supply of 160 Litres MS (24G-0.63 MM) empty bitumen drums to bitumen drum filling/packing plant at Chennai, the petitioner submitted its bid

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