GLOMET CORP LLP vs UNION OF INDIA AND ORS

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6198/2025 & CM APPL. 28306/2025 GLOMET CORP LLP .....Petitioner Through: Mr. Mritunjay Kumar and Mr. Mukesh Kumar Choubey, Advs. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Shashank Bajpai, CGSC with Ms. Stuti Karwal, Adv. for UOI % Date of Decision: 09.05.2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J (ORAL) 1. The present writ petition is filed under Article 226 of the Constitution of India, inter alia, seeking quashing of the bid awarded to respondent no. 8 in relation to the tender dated 08.11.2024. The petitioner further prays for a direction to respondent no. 2 to consider the petitioner’s bid and award the aforesaid tender in favour of the petitioner, being the lowest bidder. 2. It is the case of the petitioner that respondent no. 2 issued a tender on the Government e-Marketplace (GeM) portal, bearing tender number GEM/2024/B/5512350 dated 08.11.2024, for the procurement of Shotcreting Machine. The submission of bids was opened on 29.11.2024; closing date of bid submission was 07.12.2024 and; the last date for submission of bids was 26.12.2024. The petitioner, along with respondent no. 8, submitted bids pursuant to the said tender, and respondent no. 8 was subsequently declared the L1 bidder. Signature Not Verified Digitally Signed W.P.(C) 6198/2025 Page 1 of 4 By:VINOD KUMAR Signing Date:15.05.2025 11:46:46 3. The petitioner states that vide letter dated 01.02.2025 addressed to the Director General of respondent no.2, it lodged a complaint regarding the participation of respondent no.8 in the subject tender, specifically raising concerns about their eligibility for exemption from submission of the Earnest Money Deposit (EMD). As pe