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Judgment
Heard Mr. K.P. Pathak, learned Sr. counsel assisted by Mr. A. Baruah, learned counsel for the writ petitioner. I have also heard Mr. S.N. Sarma,
learned Sr. counsel assisted by Mr. K. Kalita, learned counsel appearing for the respondent Nos. 1 to 3 and Mr. B.D. Das, learned Sr. counsel
assisted by Mr. B. Thousen, learned counsel representing respondent No. 7. Mr. H. Gupta, learned CGC has appeared on behalf of respondent Nos.
4, 5 and 6.
By filing the present writ petition a challenge has been made to the award letter dated 17-05-2021 issued in favour of respondent No. 7, inter alia, on
the ground that the said respondent does not qualify as a Micro, Small and Medium Enterprises (MSME) unit under the relevant act and therefore, by
giving preferential treatment to the respondent No. 7 the authorities had acted in an arbitrary and illegal manner thereby causing serious prejudice to
the petitioner’s interest.
The learned Sr. counsel for the petitioner further submits that although an appeal has been filed by the petitioner before the respondent No. 3
ventilating its grievance in the matter, no action has been taken on the said appeal till today.
Opposing the prayer made in the writ petition, Mr. S.N. Sarma, learned Sr. counsel, on the other hand, submits that the contract had been awarded to
the respondent No. 7 upon proper verification of its credentials through the appropriate authorities and therefore, the grievance expressed in the writ
petition is wholly untenable. Mr. Sarma further submits that this writ petition has been filed by suppressing materials facts and therefore, 02 weeks
time be granted to bring the relevant facts on record in the form of an affidavit.
Mr. B.D. Das, learned Sr. counsel for the respondent No. 7 has submitted that the tender was floated on January, 2020 and therefore, the present writ
petition is nothing but an oblique attempt by the petitioner to delay the implementation of the contract so as to avail undue benefit as the sitting
contractor.
Having heard the submission of learned counsel for the parties, I am of the opinion that the matter would call for further examination on the basis of
affidavits to be brought on record.
Issue notice returnable on 14-07-2021.
Since the respondents are already represented, no formal notice is required to be sent in this case.
Extra copies of the writ petition be furnished to the respective standing counsel within 03 days from today so as to enable them to obtain instruction
and file affidavit.
Heard on the prayer of interim relief.
Said prayer will be considered on the returnable date.