GAHC010000422026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/67/2026

OHELEY BONVOYAGE TRAVELS

REPRESENTED BY ITS PROPRIETOR, MR. BIBEKANANDA PATOWARY

HAVING ITS REGISTERED ADDRESS AS CHAKRABORTY COMMERCIAL

COMPLEX, 2ND FLOOR, G. N. B. ROAD, SILPHUKRI, GUWAHATI781003.

2: MR BIBEKANANDA PATOWARY

PROPRIETOR OF M/S OHELEY BONVOYAGE TRAVELS HAVING ITS

REGISTERED ADDRESS AS CHAKRABORTY COMMERCIAL COMPLEX

2ND FLOOR

G. N. B. ROAD

SILPHUKRI

GUWAHATI781003

VERSUS

THE UNION OF INDIA

REPRESENTED BY THE SECRETARY, MINISTRY OF COMMERCE

INDUSTRY, VANIJYA BHAWAN, NEW DELHI-110011

2:ASSAM POWER DISTRIBUTION CORPORATION LIMITED

REPRESENTED BY THE CHIEF GENERAL MANAGER (PP AND D) HAVING

OFFICE AT BIJULEE BHAWAN

PALTAN BAZAR

GUWAHATI

ASSAM781001.

3:THE GOVERNMENT E-MARKET

MINISTRY OF COMMERCE AND INDUSTRY

REPRESENTED BY ITS CHAIRPERSON AND NOMINEE DIRECTOR

GEM

VANIJYA BHAWAN

NEW DELHI-1101

Advocate for the Petitioner : MR. DIVYANSH RATHI, MR. K P MAHESWARI

Advocate for the Respondent : DY.S.G.I., SC, APDCL BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

06.01.2026 Heard Shri D. Rathi, learned counsel for the petitioners.

It is the case of the petitioners that the petitioner no.1 which is a proprietorship firm is registered as a Micro and Small Enterprise (MSE) under the Ministry of MSME, Government of India.

The grievance of the petitioners is with regard to a tender process in which the benefits of exemption of EMD has not been provided. It is the case of the petitioners that being an MSE, there is total exemption for depositing the EMD in case of a tender of the present nature which is floated through the Government e-Marketplace (GeM).

Shri K.P. Pathak, learned Standing Counsel, APDCL has however contended that though benefits are provided for MSEs with regard to deposit of EMD, such benefits of total exemption is only for tenders floated by the Central Government and the PSUs. However, a discretion is provided to the State Governments and its undertakings to make adequate provision for giving such benefit. He has also submitted that in the present tender, exemption of 50% has been granted to MSEs. The learned Standing Counsel has also placed before this Court the General Terms and Conditions on the GeM dated 01.12.2025 and has drawn the attention of this Court to Clause 4 xiii (m). He has also submitted that so far as the State of Assam is concerned, the Assam Procurement Preference Policy, 2021 is being followed.

Let notice be issued, returnable on 02.02.2026.

Shri K. Gogoi, learned CGC accepts notice on behalf of the respondent nos. 1 and 3 whereas Shri K.P. Pathak, learned Standing Counsel, APDCL accepts notice on behalf of the respondent no.2.

Let extra copies of the writ petition be served upon the learned counsel for the respondents within 2 (two) working days from today.

Shri Rathi, the learned counsel for the petitioners prays for an interim order by submitting that the last date for submission of tender is fixed tomorrow. He has also submitted that under the bid document, there is a clause for granting total exemption for deposit of EMD by the MSEs. The aforesaid submission is however disputed by the learned Standing Counsel who has placed reliance in the General Terms and Conditions pertaining to the present tender as mentioned above.

Considering the facts and circumstances and by balancing the equities, this Court is of the view that passing of a blanket interim order would not be in the interest of justice. However, it is provided that the petitioners would be at liberty to submit its tender under the existing Clause of deposit of 50% of the EMD which however would be subject to further orders that may be passed in this proceeding.

It is made clear that if the petitioners are successful in the writ petition, the EMD deposited would have to be refunded to them in accordance with law.

JUDGE Comparing Assistant