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SHEKHAR B. SARAF, VIPIN CHANDRA DIXIT
Sandeep Enterprises – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's requests and tender conditions. (Para 2 , 4) |
| 2. petitioner claims exemption under manual. (Para 5) |
| 3. respondents defend requirement of performance guarantee. (Para 6) |
| 4. court limits applicability of procurement manual. (Para 7 , 8) |
| 5. writ petition dismissed, no merit found. (Para 9 , 10 , 11) |
JUDGMENT :
(Shekhar B. Saraf, J.)
We have heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the respondent No. 2, being the Uttar Pradesh Power Corporation Limited and learned Standing Counsel for the State respondents.
2. In the present writ petition, the petitioner has prayed for the following reliefs :
(b) issue a writ, order or direction in the nature of mandamus commanding the respondent No. 3 to exempt the petitioner from furnishing performance security pursuant to Offer (Letter of Intent) dated 15.5.2024 for supply of super enameled Aluminium winding wire manufactured by the petitioner in the light of provisions contained in para 9.17 of th
A micro and small enterprise is not exempt from providing a performance security in a tender if the tender is issued by an independent company, as per the provisions of the U.P. Procurement Manual.
BHEL, as a government company, is bound by the Office Memorandum dated 12.11.2020 to reduce Contract Performance Guarantees for existing contracts, regardless of restrictive conditions imposed.
Government procurement processes must ensure fairness and adherence to legal norms, avoiding arbitrary exclusions.
The court upheld that 100% reservation for MSEs in public procurement is valid under the MSE Policy, rejecting claims of arbitrariness towards tender selection processes.
Rule 232 deals with general principles for award of grants-in-aid for centrally sponsored schemes.
The main legal point established in the judgment is that the benefits conferred by Government Orders extending relaxation in performance security and related guarantees were intended for contractors ....
The main legal point established in the judgment is the illegality of requiring additional performance security for unbalanced bids in public procurement prior to the amendment, emphasizing the need ....
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