Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
Megala Construction – Appellant
Versus
Superintending Engineer, (Highways Department) – Respondent
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 or before 26.09.2025 and the last date for issuance of such certificate was fixed as 03.10.2025.
3. The petitioner herein had made an application on 24.09.2025 through e-mail seeking certificate. This request was rejected under the impugned order dated 30.09.2025.
Challenging the above said order, the present writ petitions have been filed.
The submissions of the learned counsels appearing on either side are as follows:-
1. The learned Counsel appearing for the petitioner further submits that as per
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.
Compliance with specific pre-qualification criteria and terms and conditions of a tender notice is crucial for the acceptance of a bid.
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
