W.P.(C)/5521/2022 of M/S SWASTIK OIL PRODUCTS MANUFACTURING NAVSARI PVT. LTD Vs UNION OF INDIA & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 5521/2022

M/S SWASTIK OIL PRODUCTS MANUFACTURING NAVSARIPVT. LTD.....Petitioner

Through:Appearance not given.

versus

UNION OF INDIA & ORS.

.....Respondents

Through:Mr. Rajesh Gogna, CGSC with Mr.Nipun Jain and Ms. Priya Singh,Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULAO R R23.09.2024

CM APPL. 55966/2024(seeking correction of typographical error in orderdated 17[th]September, 2024)

1.Through the instant application, it has been pointed out that there is atypographical error in Paragraph No. 9 of order dated 17[th]September, 2024,wherein the name of Mr. Rakesh Dubey has been inadvertently mentionedinstead of Mr. S. K. Chaturvedi, counsel for the Petitioner.

2.In light of the above, the application is allowed. Paragraph No. 9 oforder dated 17[th]September, 2024 shall now read as follows:

“9.In light of the foregoing, Mr. S. K. Chaturvedi, counselfor the Petitioner acknowledges that the Provisional ClearanceCertificates were indeed issued on 13[th]September, 2022, but heargues that the same were accompanied by certain conditionsand limitations, which are wholly unjustified. He urges thatthese restrictions are arbitrary and unduly constrain their ability

to fully participate in the limited tender process for the IndianAir Force over the forthcoming three years. The imposition ofthese conditions, according to the Petitioner, lacks transparencyand rationality, particularly when the products had alreadypassed the requisite testing and compliance procedures. Hefurther submits that the rig test was never part of the approvedQualifications Test Schedule and if the same was mandatoryrequirement, it ought to have been made part of the prescribedQualifications Test Schedule. Lastly, he argues that thePetitioner is being singled out, as no rig test has been conductedfor any other third party.”

3.Disposed of.

SEPTEMBER 23, 2024d.negi

SANJEEV NARULA, J