I.P. Mukerji, J. - (1.) THERE is great rivalry and fierce competition between Rashmi Metaliks Ltd. a public limited company of Kolkata, the writ petitioner and Electrosteel Castings Limited, another company of the same city, which is the fifth respondent. Both are manufacturers of ductile iron pipes (DI) pipes. This rivalry and competition is over capturing the market for this item. So much so, that it has brought the parties to this Court. According to the writ petitioner it has all India credibility, market and reputation. The fifth respondent, through its machinations, is preventing them from getting supply orders in the State of West Bengal.
(2.) THE present dispute between the parties, arose out of a notice published by the Kolkata Municipal Corporation, the first respondent in or about November, 2014 inviting offers in sealed tenders for supply of DI pipes of the value of Rs. 6,19,25,138/ -. We are not concerned with all the terms and conditions of the tender document save and except one which is Clause -6 which is in the following terms: "(6) A declaration in the form of an affidavit on stamp paper of Rs. 10/ -, duly attested by a Notary should be submitted as per format given in the Proforma I, stating that the applicant is not debarred/de -listed/black listed by any Govt./Government undertaking/Municipal Corporation in respective pipe supply Tender at the time of submission of bid. Only such black listing, which has been ordered by an officer, not below the rank of an Executive Engineer will be relevant to this context. In case the bidder suffers from any blacklisting/debarment by any Govt./undertaking (Govt.)/Municipal Corporation in respective pipe supply tender at the time of submission of bid, he will not be eligible to participate in the tender." According to the tender terms an offerer had to submit a declaration to the first respondent that he was not "debarred/de -listed/blacklisted" etc by any government or a government like body relating to supply of DI pipes.
(3.) ON 28th November, 2014 the writ petitioner signed a declaration to this fact on Rs. 10/ - non -judicial stamp paper..;