Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)
Order Date: 15 June 2026
Case Overview
- Petitioner: M/s. Pavan Supply Corporation, a "Small Enterprise" MSME registered on the Government e‑Marketplace (GeM) portal.
- Respondents: Union of India (UOI) and GeM authorities.
- Issue: Show cause notice dated 18 February 2026 issued under Clause 32 of GeM Incident Management Policy alleging participation in 20 bids with the same IP address, time proximity and price proximity alongside M/s Sree Baba Traders and M/s Brisk Solutions, suggesting anti‑competitive behaviour.
- Petitioner’s Defence: Denied any cartel formation; participation was as authorised dealer of Vert Equipment Private Limited; similarity of IP address attributed to tender consultant i‑Sourcing Technology Private Limited, which assists multiple bidders.
- Relief Sought: Quash the show cause notice and issue mandamus directing respondents not to pass any adverse or final order without a personal hearing.
Final Outcome
- The Court held that the notice sufficiently detailed the allegations and did not demonstrate a pre‑determined penalty; therefore, interference at the show‑cause stage was unwarranted.
- W.P.O. No.95 of 2026 dismissed; interim order vacated.
- Respondents directed to consider the petitioner’s reply on its merits and, if necessary, provide an opportunity for a personal hearing.
Topics: Show Cause Notice, Government e‑Marketplace, Legal Procedure