SANJEEV SACHDEVA, J WP(C) 7201/2015 & CM No.13229/2015(stay)
1. The petitioner has filed the present petition challenging the award of tender by Respondent No. 2/Indian Oil Corporation Limited to Respondent No. 3/M/s. Bansal Brothers. The contention of the petitioner is that the Respondent No. 2 has awarded the contract to the W.P.(C) No.7201/2015 Page 1 of 9 Respondent No. 3 applying clause (vii) of the tender document of the Notice Inviting Tender (NIT), which provides for giving preference to Micro and Small Enterprises (MSEs).
2. The contention of the petitioner is that the tender envisaged a "works contract" and "works contract" simpliciter is not covered under the Micro, Small and Medium Enterprises (MSME) Procurement Policy 2012 of the Respondent No. 1 and as such, the preference given to the Respondent No. 3 was invalid and the contract could not have been awarded to the Respondent No. 3.