2008 (7) TMI 1052 - HC - Companies Law

Summary

Issues involved: Challenge to pre-qualification criteria for procurement of TTF Sets in a tender notification.

Summary:
The writ appeal was filed against a judgment dismissing a writ petition challenging the pre-qualification criteria for procurement of TTF Sets in a tender notification. The criteria required tire manufacturers to have supplied a minimum average of 5000 sets of Tyre, Tube, and Flaps per annum in the preceding three years, along with a minimum average annual turnover of Rs. 500 crores from the sale of Tyres, Tubes, and Flaps. The petitioner alleged that these conditions were inserted to favor certain persons and exclude them. However, the learned single Judge concluded that there was no merit in the writ petition. The Judge noted that the decision to hike the minimum annual turnover from Rs. 200 crores to Rs. 500 crores was made to incorporate wider participation without being arbitrary or discriminatory. Citing Supreme Court judgments, the Judge held that interference in such policy matters is limited unless it is beyond discrimination or unreasonable. The writ appeal was dismissed as the Court agreed with the findings and conclusions of the learned single Judge, stating that the judgment did not warrant interference.

In conclusion, the Court found no merit in the writ appeal and dismissed it, upholding the decision of the learned single Judge regarding the pre-qualification criteria for procurement of TTF Sets in the tender notification.