MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON KONNECT PACKAGING INTERNATIONAL V/S SECURITY PRINTING AND MINTING AND OTHERS

JABALPUR, India, Jan. 19 -- Madhya Pradesh High Court issued the following judgment/order on Dec. 17:

1. Appellant impugns order dated 06.10.2025, whereby the writ petition filed by the appellant challenging its technical disqualification has been dismissed.

2. Respondent No.1 - Security Printing and Minting Corporation of India Limited had invited bids for procurement of cardboard sheets. Appellant submitted its bid pursuant to the notice inviting bids. However, the bid of the appellant was rejected by a communication dated 31.7.2025 holding the appellant to be disqualified as the firm was not found capable in capacity and capability for manufacturing of tender items.

3. Learned counsel for the appellant submits that there is no requirement for the appellant to be an original manufacturer of the cardboard and admittedly appellant is not a manufacturer of the cardboard but imports cardboard and then resizes it to the required specification and supplies the same. He submits that the resizing of the cardboard would also amounts to a manufacturing activity and as such the disqualification of the appellant was wrongful.

4. Learned Single Judge in the impugned order has noticed that an inspection was carried out of the premises of the appellant and it was found that there was no machinery installed for production of cardboard and admittedly, the workers of the appellant had stated that they would procure the card board sheets from third party and thereafter resize them and supply the same.

5. In the Qualification/Eligibility criteria, under the sub heading Experienced & Past Performance refers to the bidder as bidder (manufacturer or principal of authorized representative - hereinafter referred simply as 'Bidder') and requires that the bidder should have manufactured and supplied average yearly quantity of at least 57,600 KG Card Board sheets. It further requires that the bidder has to submit the details of the number of machine utilized for supply of quoted products. The number of machines utilized for production and the capacity of each machine and annual capacity of manufacturer.

6. Clearly,the bidding document requires that the bidder must be either a manufacture or the authorized representative of a principle manufacturer. In the instant case, appellant admittedly is not a manufacturer of cardboard sheets but is merely an importer of the same who resizes the same for the purposes of supply.

7. Learned Single Judge in the impugned order has held that the appellant was not fulfilling the required criteria as mentioned in the tender document.

8. We are in agreement with the view taken by the learned Single Judge that the verification committee has rightly noticed that appellant does not possess the manufacturing capability or capacity to manufacture PE quoted cardboard sheets. Even before us the candid admission on part of the appellant is that the appellant does not manufacture PE quoted cardboard sheets but simply imports the same and resizes the same for the purposes of supply. Clearly the appellant does not qualify as a manufacture as required by the bid documents.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/3301/WA_3301_2025_FinalOrder_17-12-2025_digi.pdf)

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