IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.150 OF 2010 DATED:20.4.2010 Between: GDBM (India) Pvt. Ltd., having its Regd. Office at 35, Mittalchambers, Nariman Point, Mumbai-21 Rep. by its Director Mr. A. Prasad … Appellant And Goenka Engineering & Industrial (P) Ltd., “Goenka House”, 44, Community Centre, Zamrudpur, Kailash Colony Extension, New Delhi, Rep. by its General Manager Sri Indrapal Sharma and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.150 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) In essence, the writ petition had succeeded by application of the Defence Procurement Manual (DPM) 2006 relied upon by the respondents herein notwithstanding the fact that the Manual does not have any application to the controversy involved which fact has not been brought to the notice of the learned single judge. As a matter of fact the Defence Procurement Manual supra relates to capital procurement and has certainly no relevance to revenue procurement. After arguing at some length, the learned counsel for the parties have admitted this legal position and have agreed to the remand of the writ petition to the learned single judge, therefore expression of opinion in respect of contentious issues raised in this appeal are allowed to go untouched leaving the learned counsel for the parties free to raise them before the writ court. The writ appeal is accordingly allowed and the impugned order is set aside with a direction to the Registry to list the writ petition before the learned single judge having the roster on 22.4.2010 and with a request to the learned single judge to explore the possibility of its disposal before the ensuing vacation. Till then, status quo as on date. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 20-4-2010 B. Narsinga Rao