IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 30 OF OCTOBER, 2025 WRIT PETITION No. 41319 of 2025 M/S SONALI ASSOCIATES Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Yogesh Singh Baghel - Advocate for the petitioner.

Shri Alok Agnihotri - Govt. Advocate for the respondent no.1/ State.

ORDER This petition is filed challenging E-tender invitation process dated

27.3.2025 held by the Superintending Engineer (P&W) SGTPS, MPPGCL, Birsinghpur, District Umariya, whereby the bid of the petitioner has been disqualified on account of non-fulfillment of criteria as per note (b) of Annexure- B of Tender document.

2. It is the case of the petitioner that the firm of the petitioner was registered in list of the contractors in Madhya Pradesh Rajya Vidyut Mandal as per the letter dated 08/12/2004 forwarded by the Chief Engineer (Civil) P&W Pariyojna, M.P. Rajya Vidyut Mandal, Jabalpur to the petitioner’s firm. The firm of the petitioner i.e. M/s Sonali Associates was supplying labor workers for the purpose of yearly maintenance of the Water Supply system of Power House Building Unit 1 to 5, Xylary Building, Administrative building, Office Complex, Store shed, Canteen Building and CHP Control room which is situated in the Plant of Birsinghpur Pali, District Umariya (MP). A tender was invited for the yearly sweeping and cleaning work in the township area and Public building situated under the aforesaid company. The tender specification number was MPPGC_187977_1 whose ID Number was 2022. This tender was allotted to the petitioner on dated 23/05/2022. Subsequently, the work was started by the petitioner. As per the terms of the contract, the work was taken from the petitioner from dated 02/06/2022 to 01/06/2023. But, the petitioner was not paid the amount of the same which is contrary to the terms of the contract. The petitioner presented a plaint for the performance of the contract for the payment of the contract amount to the petitioner before the Civil Judge Class-1, Birsinghpur Pali, District Umariya (MP).

3. It is also a case of the petitioner that a tender was invited by the office of Superintending Engineer, (P&E) Birsinghpur for the power plant situated in Mangthar, Birsingpur Pali, whose tender specification number was 2022/MPPGC_210139_1. The petitioner filled the online tender application on 13.9.2022, which was subsequently accepted by the Superintending Engineer in favour of the petitioner. On dated 11/05/2023, the petitioner presented a plaint for the performance of contract for the payment of money to the firm of the petitioner against The Chief Engineer (Civil Engineering), MPPGCL Shakti Bhawan, Block-01, Jabalpur and Executive Engineer (Civil-2) Sanjay Gandhi Thermal Power Station, Birsinghpur Pali, MP Generating, District Umariya with regards to Labor payment of Rs.1,98,167/- from the respondents to the firm of the petitioner. On dated 27/03/2025, a tender was invited thorough e-tendering process by the office of the Superintending Engineer (P&W) SGTPS MPPGCL, Birsinghpur Pali, District Umariya whose tender specification number 2025_MPPGC_405040_1. The firm of the petitioner also submitted bidding through e-tender process in the tender mentioned in Clause 5.11, however, it was rejected by the respondents on account of non-fulfillment of criteria as per note (b) of Annexure B of Tender Document.

4. It is argued by counsel for the petitioner that the petitioner has made representations to the respondents authorities but the same has not been considered and decided in the stipulated time period. It is contended by counsel for the petitioner that the tender of the present petitioner cannot be cancelled on the mere grounds of the litigation history or abandonment of work. The work abandoned by the petitioner in earlier tender was the failure on the part of responsible authority on not distinguishing between Labor work or Job work which created confusion in the part of pet