Page No.# 1/3 GAHC010255892025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6535/2025 OHELEY BONVOYAGE TRAVELS AND ANR REPRESENTED BY ITS PROPRIETOR, MR. BIBEKANANDA PATOWARY, HAVING ITS REGISTERED ADDRESS AS CHAKRABORTY COMMERCIAL COMPLEX, 2ND FLOOR, G. N. B. ROAD, SILPHUKRI, GUWAHATI-781003. 2: BIBEKANANDA PATOWARY PROPRIETOR OF M/S OHELEY BONVOYAGE TRAVELS HAVING ITS REGISTERED ADDRESS AS CHAKRABORTY COMMERCIAL COMPLEX 2ND FLOOR G. N. B. ROAD SILPHUKRI GUWAHATI781003 VERSUS THE UNION OF INDIA AND 2 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, VANIJYA BHAWAN, NEW DELHI-11011. 2:ASSAM POWER DISTRIBUTION CORPORATION LIMITED REPRESENTED BY THE CHIEF GENERAL MANAGER (PP AND D) HAVING OFFICE AT BIJULEE BHAWAN PALTAN BAZAR GUWAHATI ASSAM-781001. 3:THE GOVERNMENT E-MARKET MINISTRY OF COMMERCE AND INDUSTRY REPRESENTED BY ITS CHAIRPERSON AND NOMINEE DIRECTOR GEM VANIJYA BHAWAN NEW DELHI-11011 Page No.# 2/3 Advocate for the petitioner(s): Mr. D Rathi Advocate for the respondent(s): Mr. KP Pathak, Standing Counsel APDCL B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.11.2025 Heard Mr. D Rathi, the learned counsel appearing on behalf of the petitioners. Also heard Mr. KP Pathak, the learned Standing Counsel, APDCL. 2. The petitioners herein have challenged the decision of the respondent authorities in not granting the benefit of EMD exemption to the petitioners, though the petitioners are Enterprise falling within the ambit of the Micro, Small And Medium Enterprises Development Act, 2006 and is further mandated as per the tender conditions. 3. Mr. KP Pathak, the learned Standing Counsel, APDCL submits that taking into account that there being various discrepancies in the bid security/EMD clauses in the bid document published vide the Notice Inviting Tender dated 04.11.2025, the respondent authorities have already initiated steps for cancellation of the tender process and to issue a fresh Notice Inviting Tender. 4. An instruction in that regard dated 19.11.2025 has been placed before this Court, which is kept on record and marked with the letter ‘X’. 5. Taking into account that the respondents are taking steps for cancellation of Page No.# 3/3 the Notice Inviting Tender dated 04.11.2025 and a fresh Notice Inviting Tender would be issued, nothing further remains to be adjudicated upon in the present writ petition, accordingly, the writ petition stands closed. JUDGE Comparing Assistant