MKU Limited And Anr Vs Union of India And Others (Delhi High Court)
Delhi High Court held that license for EOU issued by DoC i.e. Department of Commerce is not equal to industrial License to be issued by the DPIIT. Accordingly, writ petition by the bidder is dismissed.
Facts- A Request for Proposal dated 04.02.2025 was floated for procurement of Quantity 11,700 Ballistic Helmets (NIJ III+). In the instant case, the petitioner claimed to be a 100% Export Oriented Unit, and the licensing authority for EOUs is vested with the respondent no.4/Department of Commerce, Ministry of Commerce and Industry.
It was further stated that prior to the year 2013, the authority for issuance of Industrial Licences to EOUs as well as Domestic Tariff Area supply units was vested with the respondent no.3, i.e., the Department of Promotion of Industry & Internal Trade, Ministry of Commerce and Industry, earlier known as the Department of Industrial Policy & Promotion, Ministry of Commerce and Industry. However, pursuant to the decision taken in the Committee Meeting dated 13.03.2013 constituted by the Central Government under the Industries (Development and Regulations) Act, 1951 and the Registration and Licensing of Industrial Undertakings Rules, 1952, the power to grant Industrial Licences to EOUs was transferred to the DoC.
