M/S Shree Gee Enterprises vs Union Of India And Anr on 2 November, 2015

SANJEEV SACHDEVA, J

WP(C) 7201/2015 & CM No.13229/2015(stay)

1. The petitioner has filed the present petition challenging the
award of tender by Respondent No. 2/Indian Oil Corporation Limited
to Respondent No. 3/M/s. Bansal Brothers. The contention of the
petitioner is that the Respondent No. 2 has awarded the contract to the

W.P.(C) No.7201/2015 Page 1 of 9
Respondent No. 3 applying clause (vii) of the tender document of the
Notice Inviting Tender (NIT), which provides for giving preference to
Micro and Small Enterprises (MSEs).
2. The contention of the petitioner is that the tender envisaged a
“works contract” and “works contract” simpliciter is not covered
under the Micro, Small and Medium Enterprises (MSME)
Procurement Policy 2012 of the Respondent No. 1 and as such, the
preference given to the Respondent No. 3 was invalid and the contract
could not have been awarded to the Respondent No. 3.

Source: Indian Kanoon

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