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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
Megala Construction – Appellant
Versus
Superintending Engineer, (Highways Department) – Respondent
| Table of Content |
|---|
| 1. challenge to rejection of working condition certificate (Para 1 , 2 , 3) |
| 2. arguments from petitioner regarding owned equipment (Para 5) |
| 3. arguments from respondents regarding document deficiencies (Para 6 , 7 , 8 , 9) |
| 4. court's consideration of submissions made (Para 10 , 11 , 12) |
| 5. court's analysis of ownership proof requirements (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. conclusion on rejection of technical bid (Para 20) |
| 7. final ruling and dismissal of writ petitions (Para 21) |
ORDER :
R.VIJAYAKUMAR, J.
These writ petitions have been filed challenging the order passed by the first respondent herein on 30.09.2025 wherein the request of the petitioner for issuance of the working condition of plants and machineries certificate was rejected and consequently, the bid submitted by the writ petitioner was rejected.
2. The first respondent herein had issued tender notice No. 32/2025-26/SDO, dated 15.09.2025 inviting percentage bids under two cover system through online for TPY-62 to TRY-69. As per the tender conditions, the petitioner has to obtain the certificate relating to working condition of plants and machineries by making an application before the second respondent on
Failure to provide valid proof of ownership for mandatory equipment results in the rejection of tender applications, reaffirming the importance of compliance with tender conditions.
Tender rejection upheld as petitioner failed to provide sufficient proof of machinery ownership as mandated, highlighting strict adherence to bid requirements.
Tenderers must provide documented proof of ownership of required machinery, failing which bids may be lawfully rejected.
Delivery challans can serve as valid proof of ownership for machinery in interstate transactions, substituting tax invoices under the Gujarath Value Added Tax Act, 2005.
Tender rejection valid if bidder unregistered at evaluation due to unverifiable certificates.
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