Jindal Saw Ltd has approached the SC against a Calcutta HC order that restrained it from supplying ductile iron pipes to the West Bengal govt on a rival company's plea.
NEW DELHI: Jindal Saw Ltd has approached the Supreme Court against a Calcutta High Court order that restrained it from supplying ductile iron pipes to the West Bengal government on a rival company's plea.
However, a bench headed by Chief Justice K G Balakrishnan refused to stay the High Court's interim order and directed the matter to be listed for hearing on November 26.
The High Court had passed the order on a petition filed by the company's trade rival Electrosteel Castings challenging the Tamluk Municipality's decision to award Rs three crore contract for supply of ductile iron pipes to Jindal Saw.
The single judge of the court refused to stay the award of the contract and had held that any decision would be subject to the final outcome of the petition.
However, on Electrosteel's appeal, a division bench had stayed the contract and restrained the state government from accepting goods from Jindal Saw till the petition is disposed.
According to Jindal, the High Court failed to notice that Tamluk Municipality had awarded the contract to both the firms to ensure none of them enjoyed a monopoly.
"If a review of an administrative decision is permitted it will be substituting its own decision which itself may be fallible," the petition filed through Dua Associates stated.
Jindal said Electrosteel had a monopoly in the trade in the state and felt threatened by its entry in the field.
Electrosteel's "frivolous and mischievous petition" was aimed at "causing damage to its financial health and reputation," Jindal said, adding it had invested huge money in the project and its pipes were approved by the designated authority.
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