HIGH COURT OF TRIPURA

AGARTALA

WP(C) No .656/2025

MVS Engineering Private Limited, represented by its Director E-24, East of

Kailash, New Delhi-110065 Email: b.das@ mvsengg.com

……… Petitioner(s).

V E R S U S

1. The State of Tripura, represented by its Secretary, Animal Resource Development Department, Government of Tripura Prani Sampad Bikash Bhawan, Pandit Nehru Complex, Gurkhabusti, P.O.-Kunjaban, PIN-799006,

West Tripura Email: ardd.tripura@gmail.com, tr032@ifs.nic.in

2. Tripura Livestock Development Agency represented by its Chief Executive Officer, Astabal, Agartala, Tripura-799001, Email: ardd.tripura@gmail.com,

tr056@ifs.nic.in, tripuralivestockd@yahoo.com

3. Stirling Cryogenics India Private Limited, 139/A-2, First Floor, Antriksh Bhawan, 22, Kasturba Gandhi Marg, New Delhi-110001 Also at:E-43, Ground

Floor, Sector-63, Noida, U.P.-201309 a.bhutani@stirlingcryogenics.co.in

………Respondent(s).

For Petitioner(s) : Mr. Bibhal Nandi Majumder, Sr. Advocate,

Ms. Sumi Datta, Advocate,

Ms. Sampa Das Deb, Advocate,

Mr. Samrat Sarkar, Advocate.

For Respondent(s) : Mr. Kohinoor N Bhattacharyya, G.A.,

Mr. Dipankar Sarma, Addl. G.A.,

Mr. Amrit Lal Saha, Advocate.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO

HON’BLE MR. JUSTICE BISWAJIT PALIT

Date of hearing & judgment : 16.01.2026

Whether fit for reporting : YES

JUDGMENT & ORDER (ORAL)

(M.S. Ramachandra Rao, C.J.)

Heard both sides.

2. In this Writ Petition, the petitioner has assailed the action of the respondent No.2, Tripura Livestock Development Agency, in rejecting the bid of the petitioner and accepting the bid of the respondent No.3 with regard to an e-Tender for procurement and installation of 3 nos. of medium Liquid Nitrogen

Plant along with 125 kVA voltage Stabilizer for West Tripura, Gomati and Unakoti Districts to strengthen the AI Network in Tripura State during the year

2025-26, which decision was taken on 29.10.2025.

3. The principal contention of the petitioner is that as per Clause-43 of the tender (Annexure-11), the financial turnover of a bidder should be more than Rs.7 (seven) crore per annum in the preceding three years, and though the respondent No.3 had only a turnover of Rs.863.18 lakhs in 2022-23, Rs.1076.00 lakhs in 2023-24 and Rs.511.06 lakhs in 2024-25, the respondent No.3 had been awarded the said work arbitrarily in violation of Article 14 of the Constitution of India.

4. Counsel for the petitioner contends that since the respondent No.3 did not have a turnover of more than Rs.7(seven) crore for 2024-25 financial year, it was not open to the respondent No.2 to treat the respondent No.3 as eligible and consider to award the contract to the respondent No.3 on 29.10.2025. He also contended that the respondent No.2 was not right in disqualifying or rejecting the bid of the petitioner.

5. On 20.11.2025, when this Writ Petition was listed before us, we passed the following order:

"Issue notice to respondents No.2 & 3.

Prime facie the selection of third respondent as the agency for procurement and installation of three numbers of medium liquid nitrogen plants along with 125 KVA voltage stabilizer for West Tripura, Gomati and Unakoti Districts to strengthen AI network in Tripura State during 2025-26 with the subject Tender on 29.10.2025 vide Annexure-11 appears to be arbitrary because, as per the said tender requirement (Clause 43), the financial turnover of a bidder should be more than Rupees Seven Crore per annum in the preceding three years, but as per the summary note on technical bid filed at Annexure-12 along with the Technical Bid Evaluation Statement, the third respondent does not fulfil this requirement.

Therefore, the second respondent is restrained from executing any agreement, or awarding the subject Contract to the third respondent until further orders.

List on 11.12.2025."

6. Thereafter, the respondents No.2 and 3 have filed counter affidavits.

7. It is the stand of the respondent No.2 in the counter affidavit that the petitioner has been rightly disqualified in the technical eval