2024:MHC:2043 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.35873 & 35878 of 2023 and W.M.P.No.35869 & 35874 of 2023 M/s.Reco Process Pumps, By its Proprietor, S.Savitha, No.208/3B, Idigarai Road, Coimbatore – 641 022. ... Petitioner in 2 WPs Vs.

1.The Development Commissioner /

Additional Secretary, (Micro Small and Medium Enterprise) MSME, 'A' Wing, 7th Floor, Nirman Bhavan, New Delhi – 110 108.

2.The Joint Director and Head of Office, MSME Development and Facilitation Office, Ministry of MSME, Government of India, MSME Bhawan, 65/1, G.S.T Road, Guindy, Chennai – 600 032.

3.M/s.Bharat Heavy Electricals Ltd., (A Government of India Enterprise)

Ranipet, Tamil Nadu 632 403. ... Respondents in 2WPs Prayer in WP.No.35873/2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3^rd respondent to consider the petitioner's offer dated 02.08.2023 to match up with Non-MSE L1 price, as per the Public Procurement Policy for Micro and Small Enterprises, 2012, Procurement Norms under Public Procurement Policy for MSEs (PPP-MSEs 2012) mentioned in the 3^rd respondent website and special provisions for Micro and Small Enterprises in ANNEXURE-M mentioned in the 3^rd respondent website in respect of Tender No.3820876E for the supply of Slurry Pumps for SIPAT Project and award the same in favour of the petitioner.

Prayer in WP.No.35878/2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3^rd respondent to consider the petitioner's offer dated 17.10.2023 to match up with Non-MSE L1 price, as per the Public Procurement Policy for Micro and Small Enterprises, 2012, Procurement Norms under Public Procurement Policy for MSEs (PPP-MSEs 2012) mentioned in the 3^rd respondent website and special provisions for Micro and Small Enterprises in ANNEXURE-M mentioned in the 3^rd respondent website in respect of Tender No.3820383E for the supply of Slurry Pumps for KAHAHALGAON Project and award the same in favour of the petitioner.

For Petitioner : Mr.T.V.Ramanujan Senior Counsel For Mr.C.Jagadish (in 2WPs)

For R1 & R2 : Mr.V.Sudha Central Government Counsel (in 2WPs)

For R3 : Mr.V.Karthik Senior Counsel For Mr.John Zachariah For M/s.Fox Mandal and Associates (in 2WPs)

COMMON ORDER

The writ of Mandamus has been instituted to direct the 3^rd respondent to consider the petitioner's offer dated 02.08.2023 and 17.10.2023 to match up with Non-MSE L1 price, as per the Public Procurement Policy for Micro and Small Enterprises, 2012, Procurement Norms under Public Procurement Policy for MSEs (PPP-MSEs 2012) mentioned in the 3^rd respondent website and special provisions for Micro and Small Enterprises in ANNEXURE-M mentioned in the 3^rd respondent website in respect of Tender No.3820876E and Tender No.3820383E for the supply of Slurry Pumps for SIPAT Project and Kahahalgaon Project respectively.

2. The petitioner is M/s.Reco Process Pumps, which is one of the 100%

MSEM India and 100% local content women owned industry pump manufacturer. The 3^rd respondent flaunted global tender for procurement FGD slurry pumps. The petitioner admittedly participated in the tender process.

The petitioner has been declared as L2.

3. Mr.T.V.Ramanujam, learned Senior Counsel appearing on behalf of the petitioner would submit that the petitioner is Micro Small Enterprise and therefore, they are entitled to avail the benefit conferred under Section 11 of the Micro, Small and Medium Development Act, 2006 and the orders issued by the Ministry under the said provision. The benefit conferred under Micro, Small Enterprises under the Act is mandatory and the petitioner is ready to match L1. Thus, the petitioner must be granted job order, since the difference between L1 and L2 is 15 percent.

4. To substantiate the said contention, the learned Senior Counsel would rely on the order issued by the Ministry extending