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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
G. Kadar Sheriff – Appellant
Versus
R. Natarajan – Respondent
| Table of Content |
|---|
| 1. challenge to the tender process regarding emd exemption. (Para 2 , 3 , 4) |
| 2. counterarguments regarding applicability of government order. (Para 5 , 6) |
| 3. court's analysis of government order applicability to the petitioner. (Para 7 , 8 , 9) |
| 4. court's final ruling on the writ petition. (Para 10) |
ORDER :
1. The writ petition has been filed challenging the tender notification dated 21.11.2023 insofar as it had failed to grant any exemption to the Micro Small and Medium Enterprises (herein after referred to as MSME) as envisaged under the Government Order issued by the first respondent in G.O.Ms.No.199, Finance (Salaries) Department, dated 27.06.2022.
2. Heard Mr.R.Maheswaran, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1, 2 and 4 and Mr.R.Sankar Ganesh, learned counsel for the respondents 5 and 6.
3. The learned counsel for the petitioner would submit that the petitioner is a registered MSME for building construction works and other allied works and has been issued with a registration certificate on 17.11.2022. The fifth respondent had issued an e-tender for two works, namely construction of shopping complex f
Exemption from EMD under Government Order is limited to manufacturing MSMEs, not applicable to construction contractors.
Exemption of Earnest Money Deposit for MSMEs under G.O.Ms.No.199 is upheld as per court's findings.
Court directs government to decide tender L1 eligibility for EMD exemption after hearing parties, without adjudicating merits.
The court upheld the entitlement of MSMEs for EMD exemption in tender processes, contingent on the issuance of a corrigendum by the authorities.
The decision making process in tendering should be based on the materials placed before the tendering authorities, and bidders have the right to equality and fair treatment in the evaluation process.
A woman-managed MSME may seek relaxation of minimum turnover criteria in tender qualifications, ensuring fair opportunities.
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