JAMMU AND KASHMIR AND LADAKH HIGH COURT
Ali Muhammad Magrey, J
Union Territory of J and K through Executive Engineer, PHE M and P Division – Appellant
Versus
M/S JTL Infra Limited, Chandigarh – Respondent
| Table of Content |
|---|
| 1. dispute regarding payment for supplies. (Para 1 , 2 , 4) |
| 2. delay in fulfilling contract obligations. (Para 3 , 6) |
| 3. msefc's jurisdiction and role in disputes. (Para 5 , 8 , 10) |
| 4. necessity of adhering to statutory remedies. (Para 7 , 12 , 15) |
| 5. judicial review constraints regarding council awards. (Para 9 , 11 , 19) |
1. Petitioner - Union Territory of J and K through Executive Engineer, PHE M and P Division, has assailed the award / order dated 01.06.2023, passed by Chairman, Micro and Small Enterprises Facilitation Council [hereinafter be referred as "MSEFC"], SAS Nagar Punjab, in terms of which respondent No. 1 has been held entitled to the payment of Rs. 2,75,65, 355.00/- as principal amount along with interest as delayed amount up to 31.05.2023.
2. Factual Matrix
The Jal Shakti Department invited tenders for bidding for supply of ISI marked GMS tubes of assorted sizes, ranging from 15 MM to 100 MM, 125MM and 150 MM from registered / GeM approved manufacturers vide e - NIT No. PHE / M and P / 01 of 2018-19 / e - tender dated 06-04-2018. Out of six bidders, the firm M/S JTL Infra Limited, Chandigarh was declared lowest for all the items of the advertised diameters
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