2025:CGHC:32172-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3536 of 2025 M/s World Class Services Ltd. Through Its Assistant Vice President (Sales) Shri Sanjay Kaushik S/o Shri Sitaram Kaushik, Age 51 Years Registered OfÏce - C-221, Kailash Esplanade, Lbs Marg, Opposite Shreyas Cinema, Ghatkopar-West, Mumbai - 400086, Maharashtra, Corporate OfÏce - 380, Goyal Nagar, Service Road, Near Bank Of Baroda, Bengali Square, Indore - 452016, Madhya Pradesh.

--- Petitioner(s)

versus

1. State of Chhattisgarh Through Its Secretary, Department of Energy, Government of Chhattisgarh, State Secretariat, Atal Nagar, Naya Raipur, Chhattisgarh – 492002.

2. Chhattisgarh State Power Distribution Company Limited, (Govt. Of Chhattisgar Undertaking) Through Its Managing Director, 1st Floor, Old Administrative Building, Cseb Campus, Danganiya, Raipur, Chhattisgarh – 492013

3. Chhattisgarh State Power Distribution Company Limited (Govt. Of Chhattisgarh Undertaking) Through Its Executive Director (Operations And Management). 1st Floor, Old Administrative Building, Cseb Campus, Danganiya, Raipur, Chhattisgarh -

492013.

--- Respondent(s)

WPC No. 3539 of 2025 Digitally signed by M/s World Class Services A Proprietorship Concern Through Its BRIJMOHAN BRIJMOHAN MORLE MORLE Date:

2025.07.11 Proprietor- Devendra Arora S/o Surjeet Singh, Age 46 Years Registered +0530 Address 380, Goyal Nagar, Service Road, Near Bank Of Baroda, Bengali Square, Indore- 452016, Madhya Pradesh ---Petitioner(s)

versus

1. State of Chhattisgarh Through Its Secretary, Department of Energy, Government of Chhattisgarh, State Secretariat, Atal Nagar, Naya Raipur, Chhattisgarh 492002

2. Chhattisgarh State Power Distribution Company Limited (Govt. Of Chhattisgarh Undertaking) Through Its Managing Director, 1st Floor, Old Administrative Building, Cseb Campus, Danganiya, Raipur, Chhattisgarh 492013

3. Chhattisgarh State Power Distribution Company Limited (Govt. Of Chhattisgarh Undertaking) Through Its Executive Director (Operations And Management), 1st Floor, Old Administrative Building, Cseb Campus, Danganiya, Raipur, Chhattisgarh- 492013 ---Respondent(s)

For Petitioner(s) : Mr. Sumit Nema, Senior Advocate, assisted by Mr. Aishwarya Kumar Dubey, Advocate.

For Respondent/State : Mr. Prafull N. Bharat, Advocate General, assisted by Mr. Shashank Thakur, Deputy Advocate General.

For respective respondents : Mr. Krishna Tandon, Advocate on behalf of Mr. Mayank Chandrakar, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

11.07.2025

1. Heard Mr. Sumit Nema, learned Senior Advocate, assisted by Mr. Aishwarya Kumar Dubey, learned counsel for the petitioner in both the petition. Also heard Mr. Prafull N. Bharat, learned Advocate General, assisted by Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State and Mr. Krishna Tandon, learned counsel holding the brief of Mr. Mayank Chandrakar, learned counsel, appearing for the respective respondents.

2. The WPC No. 3536 of 2025 has been filed by the petitioner with the following prayers:

“i. To hold that the submission of the original Demand- Drafts dated 18.02.2025 by the petitioner to the respondent-Chhattisgarh State Power Distribution Company Limited (CSPDCL) for purposes of furnishing of Earnest Money Deposit (EMD) and Tender-Fee (which lapsed on 19.05.2025 before the due date of bid-submission on 29.05.2025), amounts to a mere technical defect which is ‘curable’ in nature and the same does not vitiate the prospects/bid of the petitioner on merits and in substance;

ii. For issuance of an appropriate writ in the nature of certiorari to quash the impugned orders dated 18.06.2025 and 23.06.2025 passed by the respondent- Chhattisgarh State Power Distribution Company Limited (CSPDCL) by way of which it has refused to accept the Demand-Drafts furnished by the petitioner [for depositing the Earnest Money Deposit and Tender-fee for its accompanying tender-bid], as