2025:CGHC:58545-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2677 of 2025 M/s Pearl India Marketing Services Private Limited, Through Its Authorized Signatory / Representative, Having Its Office At Plot No. F-

MANPREET KAUR

281, Behind Gumber Petrol Pump, Vyapar Vihar, Bilaspur, Chhattisgarh, Digitally signed by MANPREET KAUR Date: 2025.12.04

10:54:26 +0530 495001 ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Energy, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh –

492002

2 - Chhattisgarh State Renewable Energy Development Agency (Creda) Through Its Chief Executive Officer, C.R.E.D.A., V.I.P. Road, Raipur, Chhattisgarh – 492006

3 - Superintendent Engineer R.E.-1, C.R.E.D.A., V.I.P. Road, Raipur, Chhattisgarh – 492006

4 - Executive Engineer R.E.-V, C.R.E.D.A., V.I.P. Road, Raipur, Chhattisgarh - 492006 ... Respondent(s)

For Petitioner(s) : Mr. Kishore Bhaduri, Sr. Adv along with Mr.

Sabyasachi Bhaduri and Mr. Harsh Dave, Advocates For Respondent(s) : Mr. Shashank Thakur, Dy. A.G. and Ms. Akriti Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

03.12.2025

1. Heard Mr. Kishore Bhaduri, learned Senior Advocate assisted by Mr. Sabyasachi Bhaduri and Mr. Harsh Dave, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing on behalf of the State/respondents No.1 and 3 as well as Ms. Akriti Singh, learned counsel appearing for respondents No. 2 to 4.

2. The present petition has been filed by the petitioner with the following relief(s):-

“A. Call for Records: direct Respondents to produce the entire tender file, evaluation note- sheets, sample-approval dossiers, and post- commissioning inspection reports pertaining to Tender No. 155945 dated 10-07-2024.

B. Issue an appropriate writ, order or direction in the nature of certiorari quashing and setting aside (a) the impugned black-listing order dated 05- 05-2025 bearing No. 1695/RE-05/PM-

JANMAN/2025-26 (Annexure P/1); and (b) the consequential order dated 13-05-2025 bearing No. 2037/RE- 05/PM-JANMAN/2025- 26 whereby the Petitioner's Earnest-Money Deposit has been forfeited (Annexure P/2);

C. Direct the Respondents forthwith to:

(a) release to the Petitioner the entire outstanding contractual sum of 4,48,11,214/-- which already includes the GST component of 49,26,433/- that the Petitioner has remitted-together with interest at 12% p.a. from the respective invoice due-dates until realisation;

(b) refund the forfeited Earnest-Money Deposit, also with interest at 12 % p.a.; and (c) grant a commensurate extension of time, without penalty, for completion of the balance supply and installation of the Home-Light Systems under the subsisting work orders.

D. That the Hon'ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”

3. The facts, in brief, indicate that the respondent–Chhattisgarh State Renewable Energy Development Agency (CREDA) issued a Notice Inviting Tender (NIT) dated 10.07.2024 for the design, supply, installation and commissioning of Solar Home Lighting Systems of 300 Wp capacity, along with a five-year comprehensive maintenance contract. The petitioner participated in the tender process and was declared the L-1 bidder following negotiations conducted vide letters dated 14.08.2024, 09.09.2024 and 12.09.2024. Several work orders dated 13.09.2024, 23.09.2024 and 20.12.2024, as well as a Letter of Intent dated 12.03.2025, were issued in favour of the petitioner. As required under Clause 21 relating to “Samples”, the petitioner submitted sample systems along with NABL-accredited test reports, which were duly examined and approved by the Tender Committee, the Chief Executive Officer, and the Superintending Engineer of CREDA, with su