Back
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 :
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.
4. In the above tender, EMD exemption was granted and the petitioner had also participated. The same had been cancelled before finalization of the tender and a fresh tender notice was also issued on 19.11.2023, which did not provide exemption from payment of EMD and therefore, the same is not inconsonance with the policy of the Government in G.O.Ms.No.199, Finance (Salaries) Department, dated 27.06.2022. Hence, he would submit that the tender process itself is bad in law as the fifth respondent had failed to grant exemption for the MSME, which held Udhayam Registration Certificate or any other valid certificate as notified by the Government of India. Hence, he
Exemption from EMD under Government Order is limited to manufacturing MSMEs, not applicable to construction contractors.
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.
Medium enterprises are not entitled to Earnest Money Deposit exemption under government rules, highlighting the necessity for proper MSME classification in tender processes.
The court confirmed the obligation to refund the Earnest Money Deposit while ensuring the petitioner waives any future claims related to tender cancellation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
