Bombay High Court Sterling And Wilson Private Limited And ... vs Union Of India And 3 Ors on 25 July, 2017 Equivalent citations: AIR 2017 BOMBAY 242, 2017 (5) ABR 454 Shridhar Sutar 1 wp(L)1261.17.doc ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1261 OF 2017 WITH NOTICE OF MOTION (L) NO. 288 OF 2017 1. 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), Mumbai400 043. 2. Zarine Yazdi Daruvala, Indian citizen, Shareholder of Petitioner No.1 having her Office address at 9th Floor, Universal Majestic Gautam nagar, P.L. Lokhande Marg, Ghatkopar Mankhurd Link road, Chembur (W), Mumbai400 043. ... PETITIONERS VERSUS 1. Union of India represented by the Ministry of Micro, Small & Medium Enterprises 2. Nuclear Power Corporation of India Limited Having its registered office at 16th Floor, Centre1, World Trade Centre Cuffe Parade, Colaba, Mumbai 400 005. 3. Technico India Private Limited Having its registered address at 3, B.B. Ganguly Street, Kolkata, West Bengal 700 012. 4. Development Commissioner, Micro, Small & Medium Enterprises Having its office address at 'A' Wing, 7th Floor, Nirman Bhavan New Delhi 110 108. ... RESPONDENTS 1 of 53 ::: Uploaded on 29/07/2017 ::: Downloaded on 08/08/2017 01:31:57 ::: Shridhar Sutar 2 wp(L)1261.17.doc ..... Mr. J.P. Sen, Senior Advocate, Mr. Mohi Arora, Mr. Akshay Doictor i/b. M/s. Desai & Diwanji for Petitioners/Applicants. Mr. Aseem Naphade a/w. Mr. Arsh Misra, Mr. Nehal Shetty i/b. M.V. Kini & Co. for Respondent No.2. Mr. Kumarjit Das a/w. Amit Kumar Muhuri i/b. Vivek V. Phadke, Advocate for Respondent No.3. ..... CORAM : ANOOP V. MOHTA AND SMT. ANUJA PRABHUDESSAI, JJ. RESERVED ON : 17th JULY, 2017 PRONOUNCED ON : 25th JULY, 2017 JUDGMENT (Per 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 2 of 53 ::: Uploaded on 29/07/2017 ::: Downloaded on 08/08/2017 01:31:57 ::: Shridhar Sutar 3 wp(L)1261.17.doc 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 fire fighting 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 L2 MSE bidder will be entitled to match L1 price bid by a nonMSE 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. 4. Respondent No.3 is registered with the National Small Industries Corporation ("NSIC") as a MSE (the enterprise). The NSIC Registration has been issued only in respect of Fabricated Hose Cabinet, YStrainer, basket Stra