STERLING AND WILSON PRIVATE LIMITED HAVING THEIR REGISTERED OFFICE AT 9TH FLOOR, UNIVERSAL MAJESTIC, GAUTAM NAGAR, P.L. LOKHANDE MARG, GHATKOPAR MANKHURD LINK ROAD, CHEMBUR (W), MUMBAI-400 043 Vs. UNION OF INDIA REPRESENTED BY THE MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES
LAWS(BOM)-2017-7-152
HIGH COURT OF BOMBAY
Decided on July 25,2017

Sterling And Wilson Private Limited Having Their Registered Office At 9Th Floor, Universal Majestic, Gautam Nagar, P.L. Lokhande Marg, Ghatkopar Mankhurd Link Road, Chembur (W), Mumbai-400 043 Appellant
VERSUS
Union Of India Represented By The Ministry Of Micro, Small And Medium Enterprises Respondents

JUDGEMENT

ANOOP V.MOHTA,J. - (1.) Rule. Rule made returnable forthwith. Heard finally by consent of all the parties in view of the urgency, so expressed.
(2.) Petitioners being an Engineering Procurement and Construction ("EPC") Contractor for designing, installation and service of firefighting and detection systems have challenged the action of Respondent No.2 a Public Sector Undertakings ("PSU"), Nuclear Power Corporation of India Limited ("NPCIL"), who carries on the business of designing, constructing, commissioning and operating nuclear and atomic power plans and nuclear power reactors and who awarded the contract to Respondent No.3 Technico India Private Limited ("TIPL") which is a company/an enterprise registered under the Micro, Small and Medium Enterprises Development Act, 2006 ("Micro Act"), which carries on the business of manufacturing of parts for manufacturing firefighting and fire protection equipment.
(3.) The basic backgrounds : On 26th March, 2012, Public Procurement Policy for Micro and Small Enterprises Order, 2012 (The Policy), published in Official Gazette. Section 6 of the Policy provides that a L-2 MSE bidder will be entitled to match L-1 price bid by a non-MSE bidder and shall be allowed to supply up to 20% of the total tendered value. On 1st April, 2015, the policy issued by Respondent No.4, is brought into force. ;


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