Shimnit Utsch India Pvt.Ltd. & Anr vs W.B. Tpt.Infrastructure ...

11. After the decision of this Court in Association of Registration Plates1 on November 30, 2004, the Government of West Bengal evaluated the bids already submitted in accordance with the NIT and the bid of Shimnit was cleared at the prequalification stage. One M/s. Promuk Hoffman 10 International Ltd., (`Promuk' for short) was also declared qualified. Shimnit challenged the pre-qualification of Promuk by filing a writ petition (468/2005) before Calcutta High Court on the ground that they did not have requisite international experience. On March 11, 2005, the Single Judge of Calcutta High Court by an interim order stayed the finalization of tender.

16. Pursuant to the second NIT, Shimnit submitted its tender on November 21, 2005 and simultaneously filed a writ petition before Calcutta High Court challenging the conditions of second NIT, principally on the ground that the essential 15 conditions pertaining to experience in foreign countries and the prescribed turnover from such business having been approved by the Supreme Court could not have been done away with. Shimnit also prayed for interim order during the pendency of writ petition. The controversy relating thereto reached this Court and by an order dated January 5, 2006, this Court while disposing of SLPs directed that the interim order that contract shall not be awarded until further orders will continue to operate till the matter is decided by the Single Judge. The Single Judge by his judgment dated February 20, 2006 dismissed Shimnit's writ petition. An intra court appeal was preferred by Shimnit before the Division Bench in which the interim order of status quo was passed. The Division Bench ultimately dismissed the intra court appeal vide judgment dated June 27, 2006 giving rise to the present appeal by special leave.

20. On July 6, 2009, a fresh NIT was issued by the Government of Orissa for manufacture, distribution and 17 affixation of HSRP at a Build Own Operate (BOO) basis. Tonnjes again made a representation to the Government of Orissa for bringing the terms and conditions of the fresh NIT in conformity with the decision of this Court in Association of Registration Plates1. When nothing was heard from the Government of Orissa, Tonnjes filed a writ petition before the Orissa High Court for quashing that NIT. The High Court, by way of an interim order, directed that the bids pursuant to the said NIT may be permitted to be filed by the bidders as per the tender rules but no further action shall be taken without leave of the Court.

25. On September 11, 2009, a further letter was sent by the Government of India to the States and UTs informing them that a committee has been constituted by the Ministry to review the progress of implementation of HSRP and other related issues. The States and UTs were requested to implement the scheme of HSRP as early as possible.

21. The Division Bench of the Orissa High Court heard the arguments and by its judgment dated March 23, 2010 dismissed the writ petition filed by Tonnjes. Writ Petition (PIL) by Maninderjit Singh Bitta

26. On behalf of Union of India, few applications came to be filed (I.A. Nos. 6-9) before this Court in disposed of writ petition no. 510 of 2005 (Maninderjit Singh Bitta) for extension of time to ensure compliance with the directions contained in order dated May 5, 2009. These applications were disposed of by this Court on December 15, 2009 by extending time upto May 31, 2010.

Our View

56. For the foregoing reasons, both appeals must fail and are dismissed with no order as to cost.

..............................J (R. V. Raveendran) .............................J (R. M. Lodha) .............................J (C.K. Prasad) New Delhi May 12, 2010.