WP/48126/2025 of ACZET PRIVATE LIMITED Vs INDIAN OVERSEAS BANK
WP No. 48126 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 48126 of 2025
and
WMP NO. 53780 OF 2025
Aczet Private Limited
Rep By Its Director,
Mr.Sanjay Shah,
Unit No.E2, Plot No.15,
Wicel Estate, Opp. Seepz Gate No.1,
Andheri (East), Mumbai- 400 093.
..Petitioner(s)
Vs
1. Indian Overseas Bank
Rep By Its Authorised Representative,
General Administration Department,
No.763, Anna Salai, Mount Road,
Chennai-600 002.
2. Government E- Marketplace (GEM) SPV
Rep by.its Chief Executive Officer,
3rd Floor, Tower- II,
Jeevan Bharti Building, Connaught Place,
New Delhi- 110 001.
..Respondents)
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of Certiorarified Mandamus, to call for records of the
1st Respondent culminating in Tender bearing Bid No.GEM/2025/ B/ 6749353
dt 03.10.2025 and quash the same as arbitrary and illegal and pass.
For Petitioner(s): Mr.P.V.Balasubramanian, Sr.Counsel
for M/s. Prarish Legal
https://www.mhc.tn.gov.in/judis
WP No. 48126 of 2025
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For Respondent(s): Mr.AR.L.Sundaresan,
Assistant Solicitor General
assisted by
Mr.P.V.Muralidhar
O R D E R
This Writ Petition has been filed challenging the impugne d Tender
Notification issued by the 1st respondent dated 03.10.2025.
2. The case of the petitioner is that the 1 st respondent floated a tender
bearing Bid No.GEM/2025/B/6749353 dated 03.10.2025 on the website
operated by the 2nd respondent for procurement of 149 units of "Gold Purit y
testing meter / karat meter (Q2)". Interested / qualified / eligible bidders were
required to submit their respective technical and price bid. One of the
technical criterions for the impugned tender is that the bidder must o btain a
valid licence from Atomic Energy Regulatory Board (AERB) in the name of the
OEM. Upon noticing these misdeclarations, the petitioner gave a com plaint
dated 01.11.2025 to the 2 nd respondent and despite receiving the complaint, the
2nd respondent has miserably failed to initiate any action against t he competitor.
Thus the 1 st respondent has indulged in blatant favouritism in both determining
the technical criterion as well as in the manner of evaluation the said technical
criterion. Hence, the present writ petition.
https://www.mhc.tn.gov.in/judis
WP No. 48126 of 2025
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3. The first respondent has filed a counter stating that the 1 st respondent
bank has meticulously followed the norms of the bank and tender terms and
conditions and rejected the petitioner’s tender. The 1 st respondent bank, after
verifying the certificate issued by the Central Government of India and after due
compliance with the terms and conditions of the tender, selected t he competitor
and in order to honour this Court, the bank has not opened the tender.
4. The fact remains that the petitioner’s technical bid has been
disqualified by the first respondent bank. The petitioner having participa ted in
the entire tender process, cannot turn around and challenge the entire t ender
notification after awarding of tender to the successful competitor/bi dder. If at
all the petitioner is being aggrieved, they can very well challenge its
disqualification and not the entire tender process / notification.
5. Accordingly, this Writ Petition stands dismissed, with liberty to the
petitioner to challenge the disqualification of the petitioner’s technical bid in the
manner known to law. No costs. Consequently, connected miscellaneous
petition is closed.
01-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
https://www.mhc.tn.gov.in/judis
WP No. 48126 of 2025
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To
1. Indian Overseas Bank
Rep By Its Authorised Representative,
General Administration Department,
No.763, Anna Salai, Mount Road,
Chennai-600 002.
2. Government E- Marketplace (GEM) SPV
Rep by.its Chief Executive Officer,
3rd Floor, Tower- II,
Jeevan Bharti Building, Connaught Place,
New Delhi- 110 001.
https://www.mhc.tn.gov.in/judis
WP No. 48126 of 2025
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M.DHANDAPANI J.
ssb
W.P.No. 48126 of 2025
and
W.M.P.No. 53780 of 2025
01-04-2026
https://www.mhc.tn.gov.in/judis