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2004 Supreme(Online)(Chh) 11

CHATTISGARH HIGH COURT
Mr. Kishore Bhaduri, J, Dr. N.K. Shukla, ACJ
Mecgale Pneumatics v. Bhilai Electrical Supply Company Ltd. and Another


Advocates:
For the Appellants/Petitioners: Mr. Kishore Bhaduri
For the Respondents: Dr. N.K. Shukla

Table of Content
1. writ petition regarding tender eligibility raised by a registered firm. (Para 1 , 2)
2. respondents defend eligibility criteria based on fairness and industry norms. (Para 3 , 4 , 5 , 6)
3. judicial review principles regarding state actions and contractual powers. (Para 7 , 8 , 9)
4. assessment of arbitrariness in the context of the eligibility criteria. (Para 10 , 11)
5. court's decision to dismiss the writ petition reaffirming the validity of the respondents' criteria. (Para 12 , 13)

1. By this writ petition filed under Art.226/227 of the Constitution of India the petitioner, a registered Partnership Firm registered under the Indian Partnership Act under Registration No. NGP / 1441/90-91 and engaged in the work of manufacturing, supplying, marketing and distribution of materials for civil, mechanical and constructions, has challenged the decision and action of the respondents for inviting a tender for supply and installation of scraper conveyer and clinker venture for disposal of ash in the Thermal Power Plant through a Tender Document (Annexure P / 3).

2. The main challenge in this writ petition is Clause (B) of the Qualifying Requirements by which the respondents a

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