Meghalaya High Court
M/S Power Roofing vs The State Of Meghalaya Represented By … on 28 August, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:771-DB
Serial Nos.01-04 HIGH COURT OF MEGHALAYA
Daily List AT SHILLONG
WA No.44/2025 with
MC (WA) No.62/2025
WA No.45/2025
MC (WA) No.63/2025
WA No.46/2025
MC (WA) No.64/2025
WA No.54/2025
Date of order: 28.08.2025
WA No.44 of 2025
M/s Power Roofing, Umtru Road Village Amjok, Byrnihat, Ri-Bhoi-
793122. ..... Appellant
Vs.
1. The State of Meghalaya represented by the Chief Secretary to the
Government of Meghalaya, Shillong.
2. The Secretary to the Government of Meghalaya, Housing
Department, Government of Meghalaya, Shillong.
3. The Director, Directorate of Housing, Government of Meghalaya,
Shillong.
4. Manaksia Aluminium Company Limited represented by Mr. Anand
Kumar Chaudhary, 8/1 Lal Bazar Street, Bikaner Building, Third Floor,
Kolkata-700001.
5. M/s Meghalaya Roofing, Industrial Area, Umiam, Meghalaya-
793103.
6. M/s Mariem Commerce Limited, Umbir, Ri-Bhoi-793101.
..... Respondents
WA No.45 of 2025
M/s Power Roofing, Umtru Road Village Amjok, Byrnihat, Ri-Bhoi-
793122. ..... Appellant
Vs.
1. The State of Meghalaya represented by the Chief Secretary to the
Government of Meghalaya, Shillong.
2. The Secretary to the Government of Meghalaya, Housing
Department, Government of Meghalaya, Shillong.
Page 1 of 8
2025:MLHC:771-DB
3. The Director, Directorate of Housing, Government of Meghalaya,
Shillong-793001.
4. M/s Mariem Commerce Limited, Umbir, Ri-Bhoi-793101.
5. M/s Meghalaya Roofing, Industrial Area, Umiam, Meghalaya-
793103.
6. Manaksia Aluminium Company Limited, 8/1 Lal Bazar Street,
Bikaner Building, Third Floor, Kolkata-700001.
..... Respondents
WA No.46 of 2025
M/s Power Roofing, Umtru Road Village Amjok, Byrnihat, Ri-Bhoi-
793122. ..... Appellant
Vs.
1. The State of Meghalaya represented by the Chief Secretary to the
Government of Meghalaya, Shillong.
2. The Secretary to the Government of Meghalaya, Housing
Department, Government of Meghalaya, Shillong.
3. The Director, Directorate of Housing, Government of Meghalaya,
Shillong.
4. M/s Meghalaya Roofing, Industrial Area, Umiam, Meghalaya-
793103. ..... Respondents
WA No.54 of 2025
M/s Meghalaya Roofing represented by duly authorised partner Shri
Manish Agarwal, S/o Shri Sushil Kumar Agarwal, R/o Assam Rifle
Bazar, Happy Valley Shillong, East Khasi Hills District Meghalaya.
..... Appellant
Vs.
1. The State of Meghalaya represented by the Chief Secretary to the
Government of Meghalaya, Shillong, East Khasi Hills District
Meghalaya-793001.
2. The Secretary to the Government of Meghalaya, Housing
Department, Government of Meghalaya, Shillong, East Khasi Hills
District Meghalaya-793001.
3. The Director, Directorate of Housing, Government of Meghalaya,
Lower Lachumiere, Shillong, East Khasi Hills District Meghalaya-
793001.
4. M/s Power Roofing, Umtru Road Village Amjok, Byrnihat, Ri-Bhoi-
793122. ..... Respondents
Page 2 of 8
2025:MLHC:771-DB
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance in WA No.44 of 2025:
For the Appellant : Mr. D.K. Banerjee, Sr.Adv with
Dr. N. Mozika, DSGI
Mr. M.L. Nongpiur, Adv
For the Respondents : Mr. N. D. Chullai, AAG with
Mr. E. R. Chyne, GA
Mr. A. Mitra, Adv with
Mr. S. Chatterjee, Adv for R/4
Mr. H. L. Shangreiso, Sr. Adv with
Mr. T. Dkhar, Adv for R/5
None for R/6
Appearance in WA No.45 of 2025:
For the Appellant : Mr. D.K. Banerjee, Sr.Adv with
Dr. N. Mozika, DSGI
Mr. M.L. Nongpiur, Adv
For the Respondents : Mr. N. D. Chullai, AAG with
Mr. E. R. Chyne, GA
Mr. H. L. Shangreiso, Sr. Adv with
Mr. T. Dkhar, Adv for R/5
Mr. A. Mitra, Adv with
Mr. S. Chatterjee, Adv for R/6
Appearance in WA No.46 of 2025:
For the Appellant : Mr. D.K. Banerjee, Sr.Adv with
Dr. N. Mozika, DSGI
Mr. M.L. Nongpiur, Adv
For the Respondents : Mr. N. D. Chullai, AAG with
Mr. E. R. Chyne, GA
Mr. H. L. Shangreiso, Sr. Adv with
Mr. T. Dkhar, Adv for R/4
Appearance in WA No.54 of 2025:
For the Appellant : Mr. H.L. Shangreiso, Sr.Adv with
Mr. T. Dkhar, Adv
For the Respondents : Mr. N. D. Chullai, AAG with
Mr. E. R. Chyne, GA
Page 3 of 8
2025:MLHC:771-DB
Mr. D.K. Banerjee, Sr.Adv with
Dr. N. Mozika, DSGI
Mr. M.L. Nongpiur, Adv for R/4
i) Whether approved for Yes/No
reporting in Law journals etc.:
ii) Whether approved for publication Yes/No
in press:
For proper public information and transparency, any media
reporting this judgment is directed to mention the
composition of the bench by name of judges, while reporting
this judgment/order.
JUDGMENT:
(per the Hon’ble, the Chief Justice) (Oral)
Considering the very pragmatic and the fair stand taken by all
learned counsel appearing in this batch of appeals, it has become
possible for this Court to dispose of these matters today.
The government of Meghalaya by a notice dated 10th September,
2024 invited tenders for supply of aluminium roofing sheets of an
approximate value of ₹69,65,00,000/-.
There were four tenderers, Manaksia Aluminium Company
Limited, M/s Meghalaya Roofing, M/s Power Roofing and M/s Mariem
Commerce Limited.
At the initial stage, Manaksia Aluminium Company Limited and
M/s Mariem Commerce Limited were disqualified by the Tender
Committee to participate in the tender on the ground of their alleged
technical ineligibility. The other two tenderers, M/s Meghalaya Roofing
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2025:MLHC:771-DB
and M/s Power Roofing underwent the technical bid evaluation and
financial bid stages of the tender process. The government, accepting
the decision of the Tender Committee awarded the contract to both M/s
Power Roofing and M/s Meghalaya Roofing and in the ratio of 75:25.
That is to say M/s Power Roofing would do 75 per cent of the work and
be entitled to that proportion of the monetary value of the contract and
M/s Meghalaya Roofing 25 per cent.
On inter alia, this short issue Manaksia Aluminium Company
Limited and M/s Mariem Commerce Limited preferred writ petitions in
this Court, inter alia, on the ground of being declared disqualified for
technical ineligibility. M/s Meghalaya Roofing also challenged the
decision by a writ, being aggrieved by award of 25 per cent of the
contract.
By a detailed judgment and order dated 8th May, 2025, a learned
single judge of this Court upheld, inter alia, the grounds raised by
Manaksia Aluminium Company Limited and M/s Mariem Commerce
Limited and set aside the work order granted in favour of M/s Power
Roofing and M/s Meghalaya Roofing. Hence, both M/s Power Roofing
and M/s Meghalaya Roofing have preferred independent appeals as it
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2025:MLHC:771-DB
followed that even 25 per cent of the work awarded to M/s Meghalaya
Roofing was set aside.
During the course of hearing of these appeals, it was submitted
before us by Mr D.K. Banerjee, Senior Advocate that in furtherance of
the award of contract in their favour, M/s Power Roofing had invested
₹62 lakhs in purchasing materials which they would utilise for
performance of the contract. Learned counsel appearing for M/s Power
Roofing submitted that these materials were lying stored in a godown.
Payment for these materials had been made by his client to the vendor.
Mr. A. Mitra, learned counsel for Manaksia Aluminium
Company Limited and M/s Mariem Commerce Limited submitted that
his clients had been wrongfully not allowed to participate in the tender
process on the ground of technical ineligibility.
The question which arose while hearing these appeals was that
the learned single judge was considering writs preferred by two
“intending” tenderers. We say “intending” because their tenders had not
even been admitted at the threshold for consideration by the Tender
Committee on the ground of technical ineligibility. Now, a party who
had not entered the tender consideration process was allowed to
maintain a writ challenging, inter alia, the decision-making process after
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2025:MLHC:771-DB
a formal consideration and acceptance of tenders by the decision-
making authority.
According to us, the eligibility criterion of these two tenderers,
Manaksia Aluminium Company Limited and M/s Mariem Commerce
Limited should have been the first issue to be considered before going
into anything else.
We appreciate the wisdom of learned counsel in appreciating
this point and aiding us to dispose of these appeals.
We think that the tender process should be thrown wide open.
The eligibility of Manaksia Aluminium Company Limited and M/s
Mariem Commerce Limited be considered afresh by the Tender
Committee by giving them a short hearing and by a reasoned order
within four weeks from date.
We make it clear that non-availability of a MIPP certificate shall
not be a ground for technical disqualification and we also make it clear
that the technical eligibility of M/s Power Roofing and M/s Meghalaya
Roofing found to be eligible during the subject tender process shall not
be reopened or revisited.
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Thereafter, the Tender Committee will proceed to process and
consider the tenders in accordance with law and tender terms and
conditions.
The subject tender process is not annulled but shall continue in
the manner indicated above.
The impugned judgment and order is set aside.
Apart from what has been specifically dealt with and decided by
us, we make it clear that we have not gone into or decided any other
issue in the matter.
The appeals and the miscellaneous applications are disposed of.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Page 8 of 8
Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2025.08.29 09:57:07 IST
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