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2022 (8) TMI 171 - HC - Money LaunderingRejection of bids submitted by the petitioner - seeking direction to respondents to allow the Petitioner to bid for and compete in the contracts in future and tenders even during the pendency of proceedings under ECIR - pendency of proceedings/enquiry against any Director in his individual capacity - enquiries pending against a company which merely got merged/amalgamated/taken over by a successor company - enquires / proceedings can be the basis of denying the Petitioner company from either participating or being considered and/or award of tenders/contracts or not - HELD THAT:- The present tender was floated by Labs of Respondent No. 2, which are specialised labs engaged in research pertaining to critical defence technologies and systems. It is in this context that the Respondent Nos. 3 and 4 have imposed the Impugned Condition to sift through entities which have criminal proceedings/investigation pending against them. This condition is imperative to maintain the integrity of such projects which deal with maters of national importance, security and are of immense public importance. Considering the nature of the work undertaken by the Respondents, it is evident that the Impugned Condition is not arbitrary, discriminatory, mala fide or actuated by bias. Hence, this Court does not find any infirmity with the Impugned Condition and is disinclined to interfere with it. The material on record shows that there are allegations that the key managerial personnel, nature of work and functioning of the Petitioner Company is the same as ADPL and the Petitioner Company has allegedly benefitted from the proceeds of crime to the tune of Rs. 2,36,25,000/-, received by ADPL as these were transferred to the Petitioner Company. Hence, the Petitioner cannot claim that it has been unfairly excluded the Petitioner from participating in the bid - this Court is not inclined to interfere with the Impugned Condition or the decision of the Respondent Nos. 2-4 from excluding the Petitioner from participating in the said tender process. Petition dismissed.
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