w w w . L a w y e r S e r v i c e s . i n



International Commerce Limited v/s Government of India, Ministry of Steel, through its Secretary Udyog Bhawan, New Delhi & Others


Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- V K UDYOG LTD [Active] CIN = U51909WB1995PLC075722

Company & Directors' Information:- INDIA E-COMMERCE LIMITED [Active] CIN = L99999MH1968PLC014091

Company & Directors' Information:- INTERNATIONAL COMMERCE LIMITED [Active] CIN = U10100WB1980PLC204139

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- A P UDYOG LTD [Active] CIN = L01132WB1984PLC037221

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- H M A UDYOG PRIVATE LIMITED [Active] CIN = U36999DL1981PTC011548

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- H R UDYOG PRIVATE LIMITED [Active] CIN = U01132WB2005PTC101729

Company & Directors' Information:- S H COMMERCE PRIVATE LIMITED [Active] CIN = U51109WB2008PTC121420

Company & Directors' Information:- A. M. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2011PTC168744

Company & Directors' Information:- J D M UDYOG PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085842

Company & Directors' Information:- J A UDYOG PRIVATE LIMITED [Active] CIN = U15122BR2013PTC021705

Company & Directors' Information:- P K UDYOG PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058102

Company & Directors' Information:- G. S. UDYOG PRIVATE LIMITED [Active] CIN = U51909AS2009PTC008948

Company & Directors' Information:- M R UDYOG PRIVATE LIMITED [Amalgamated] CIN = U74900WB2011PTC157973

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- INDIA STEEL INTERNATIONAL PRIVATE LIMITED [Active] CIN = U53221MH1992PTC065824

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- M G UDYOG PRIVATE LIMITED [Active] CIN = U74899DL1994PTC056983

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- G S E-COMMERCE PRIVATE LIMITED [Active] CIN = U52100KA2013PTC067567

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- M M UDYOG LTD [Active] CIN = U17111WB1984PLC038345

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- V K COMMERCE PVT LTD [Amalgamated] CIN = U51109WB1984PTC037122

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- P. R. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2008PTC122333

Company & Directors' Information:- M & P E. COMMERCE PRIVATE LIMITED [Active] CIN = U74300DL1999PTC099198

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- R. S. UDYOG PRIVATE LIMITED [Active] CIN = U74994OR2019PTC032093

Company & Directors' Information:- DELHI STEEL CORPORATION LIMITED [Strike Off] CIN = U27310DL1956PLC002613

Company & Directors' Information:- R S COMMERCE PVT LTD [Converted to LLP] CIN = U51909WB1995PTC074372

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- P S COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB1997PTC084487

Company & Directors' Information:- INDIA UDYOG PVT LTD [Active] CIN = U51109WB1959PTC034780

Company & Directors' Information:- R K P UDYOG LTD [Active] CIN = U70101WB1980PLC033207

Company & Directors' Information:- V P UDYOG LTD [Active] CIN = U51109WB1985PLC038397

Company & Directors' Information:- AND E-COMMERCE PRIVATE LIMITED [Active] CIN = U74120AP2015PTC096206

Company & Directors' Information:- G. K. UDYOG PRIVATE LIMITED [Active] CIN = U31300WB1967PTC026996

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206

Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- A S UDYOG PRIVATE LIMITED [Active] CIN = U29253HR2016PTC058096

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- A P COMMERCE LIMITED [Strike Off] CIN = U51909WB1981PLC033798

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- K P INDIA COMMERCE PRIVATE LIMITED [Strike Off] CIN = U51909AS2001PTC006701

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- Y S E-COMMERCE PRIVATE LIMITED [Active] CIN = U72200MH2000PTC126344

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- I P E-COMMERCE PRIVATE LIMITED [Active] CIN = U52399CH2012PTC033585

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

Company & Directors' Information:- DELHI UDYOG CORPN PVT LTD [Strike Off] CIN = U63090DL1959PTC003025

    WPC No. 639 of 2013

    Decided On, 11 July 2018

    At, High Court of Chhattisgarh

    By, THE HONOURABLE CHIEF JUSTICE MR. AJAY KUMAR TRIPATHI & THE HONOURABLE MR. JUSTICE PRITINKER DIWAKER

    For the Petitioner: Ashish Shrivastava, Advocate. For the Respondents: R1 & R3, B. Gopa Kumar, Assistant Solicitor General, N.K. Vyas, R2 & R4, Dr. N.K. Shukla, Senior Advocate assisted by Vikram Sharma, Ajay Lakra, Advocates.



Judgment Text

Ajay Kumar Tripathi, CJ

1. Heard the counsel for the parties.

2. Writ application was preferred by the Petitioner primarily aimed at forcing the hands of Steel Authority of India Limited, hereinafter referred to as 'SAIL' to go for open tender in matter of award of work of 'handling and processing of slag and recovery/processing of metallic scrap from slag' instead of adopting nomination basis and award of work in favour of Ferro Scrap Nigam Limited, hereinafter referred to as 'FSNL' a Government of India Corporation set up way back in the year 1979 with the object of handling and processing of slags generated by various steel plants.

3. Since most of the units of SAIL have been assigning the work of handling and processing of slag on nomination basis by awarding the contract or responsibility upon FSNL, many private companies have been kept out of the loop. A legal battle was started trying to open up the work and give an opportunity to even private companies or contractors to handle the work in question.

4. The present petitioner is one of those persons who wants to have a share in the pie of handling of slag. The main area of thrust is focused on Bhilai Steel Plant, hereinafter referred to as 'BSP', which has been granting contract on nomination basis to FSNL instead of going for open tender.

5. The writ application was filed way back in the year 2013. This issue has been debated at various level and also reviewed by authorities such as the CVC, the Government of India as well as SAIL in relation to award of contract on nomination basis.

6. While the matter was being heard and argued in quite a detail, our attention has been drawn to the decision taken by the SAIL whereon on 13.07.2012 they decided to extend an invitation for expression of interest from reputed Indian and overseas agencies for handling and processing of slag and recovery/processing of metallic scrap from slag by using modern and latest technologies.

7. This invitation issued by the SAIL itself is an indication that SAIL as an entity has decided to go for open bidding and therefore nomination is not only a method or methodology which is being followed by the units of SAIL with regard to handling of slags and its processing.

8. The Petitioner to that extent has succeeded and we do not have to decide whether there is necessity to go for open bidding instead of nomination methodology, adopted earlier.

9. Counsel for the Petitioner has been very fair in informing us that some of the other units of SAIL like Durgapur Steel Plant and Bokaro Steel Plant, Rourkela have gone for open bidding, but so far as BSP is concerned, they continue to award the work on nomination basis to FSNL and in this regard on 02.05.2018 they have entered into a memorandum of understanding between SAIL and FSNL.

10. The writ application in the above circumstances succeeds because the Petitioner has been able to open the door for participating due to open expression of interest which is being adopted by SAIL for handling of slag.

11. The counsel for the Petitioner, however, is aggrieved by the authorities of BSP because they have not fallen in line and continue to adopt the nomination method for award of contract. His area of concern or of interest is BSP, in specific.

12. So far as BSP is concerned, we are not willing to go into the circumstances under which they have taken a decision to enter into a memorandum of understanding with FSNL, but for this Petitioner has either remedy in law or is free to approach the Cha

Please Login To View The Full Judgment!

irman of SAIL or the Secretary, Ministry of Steel, Government of India, as the case may be, by bringing to their notice that for some reason or other, BSP is not willing to go by the directives or policy decision taken by the headquarter, who have in principle decided to go for open tender. 13. The writ application stands disposed of in terms of above as well as the opportunity so granted.
O R