Jammu & Kashmir High CourtM/S Shakti Steel Industries vs Union Of India And Others on 13 September, 2023168\n\n   HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                   AT JAMMU\n\n                                           WP(C) No. 1428/2022\n                                           CM No. 3932/2022\n                                           CM No. 3491/2023\n                                           c/w\n                                           WP(C) No. 1433/2022\n                                           CM No. 3940/2022\n\nM/s Shakti Steel Industries                                 .....Petitioner(s)\n\n\n                      Through: Mr. R. S. Thakur, Sr. Advocate with\n                               Mr. Ashwani Thakur, Advocate\n\n                 Vs\n\n\nUnion of India and others                                 ..... Respondent(s)\n\n\n                      Through: Mr. Vishal Sharma, DSGI\n\n\nCoram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE\n                                  ORDER13.09.2023\n\n          In the course of arguments, this Court deems it proper to\n\ndirect the respondents to produce the record of the works handled\n\nby the petitioner on the basis of which the petitioner came to be\n\nbranded with an entry of "WLR" which resulted in ousting the\n\npetitioner's bid with respect to tender ID no. 2022_MES_524874_1\n\nof 2022 in which the petitioner concern M/s Shakti Steel Industries\n\ncame to be referred as bearing "adverse remarks in WLR" resulting\n\nin rejection of the technical bid of the petitioner thereby ousting it\n\nfrom participating in the tendering process and not on the basis of2                 WP(C) No. 1428/2022c/w\n                                                     WP(C) No. 1433/2022\n\n\n\nmerits and demerits of its bid submitted but only purported past\n\nperformance reference.The rejection amounts to denial of right to avail business\n\nopportunity which in other words is a fundamental right of a person\n\nnot   to   be   subjected    to   any   unfairness   in   exercise   of   its\n\nwork/business related rights underarticle 14read witharticle 19of\n\nthe Constitution of India.Mr. Vishal Sharma, learned DSGI appearing for the\n\nrespondents is directed to produce the record pertaining to the\n\npetitioner upon the basis of which the branding of the petitioner was\n\ntaken into consideration for ousting him from the bid in reference.\n\nThe requisite record be produced on the next date of hearing with\n\nliberty to address this case on virtual mode.List this case on 04.10.2023.(Rahul Bharti)\n                                                    Judge\nJammu\n13.09.2023\nMuneesh