PASCAL SWITCHCARE INDIA PRIVATE LIMITED v. STATE OF UTTAR PRADESH AND 6 OTHERS
WRIC/20947/2025 · 2025-07-07
Saurabh Dwivedi Registrar J Cpc, Y K Srivastava
body2025
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[ 2025 DAILYLAW 70422 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 70422 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:107557-DB Court No. - 39 Case :- WRIT - C No. - 20947 of 2025 Petitioner :- Pascal Switchcare India Private Limited Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Gaurang Dwivedi,Vineet Pandey Counsel for Respondent :- Baleshwar Chaturvedi,C.S.C.,Krishna Agarawal Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Mr. Vineet Pandey, learned advocate appears on behalf of petitioner and submits, under challenge are orders dated 13th May, 2025 and 21st June, 2025. Former is order, by which his client's technical bid was rejected. Latter is communication, by which his client was informed that its tender stood rejected. 2. Mr. Shashi Nandan, learned senior advocate appears on behalf of respondent nos. 3 and 4. He raises preliminary objection on submission that this is successive writ petition carrying challenge to order dated 13th May, 2025, earlier challenged by petitioner in Writ-C no. 20078 of 2025, still pending. Drawing attention to page 166 disclosing order dated 20th June, 2025 of co-ordinate Bench he points out, said writ petition stands adjourned to 14th July, 2025. 3. Mr. Navin Sinha, learned senior advocate appears on behalf of respondent no.7. He submits, petitioner's technical bid stood rejected on once again challenged order dated 13th May, 2025. His client has already been issued with letter of intent dated 5th June, 2025. Present writ petition is not maintainable. 4. Mr. Pandey in reply submits, his client has not only challenged rejection of its technical bid but had also thereafter made representation to respondent no.3. Impugned communication dated 21st June, 2025 is subsequent and fresh cause of action for his client to invoke writ jurisdiction of this Court, for interfering in the tender process, proceeded with by respondent nos. 3 and 4 in hot haste. 5. On query Mr. Nandan hands up copies of the writ petition in Writ-C no. 20078 of 2025. We have verified that under challenge therein is order dated 13th May, 2025 rejecting petitioner's technical bid, also challenged in this writ petition. In the circumstances plea of petitioner that there has been
subsequent event giving rise to fresh cause of action cannot be accepted. It is the same tender. Petitioner's earlier writ petition is pending adjudication. In event petitioner succeeds, it will get relief, including against the subsequent and other events. In the circumstances petitioner must apply for relief in its earlier pending writ petition.
6. In view of aforesaid, present writ petition is not maintainable. It is dismissed reserving liberty to petitioner to move for interim or other relief in its pending writ petition. Order Date :- 8.7.2025 Mohini (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad