Dismissed

M/S Neeti Construction Company through Its Prop. v. U P State Construction and Infrastructure Development Corporation Ltd. and 3 Others

Allahabad HC20 Jul 2018WRIC/23852/2018

Case brief

AI extract

What is this about?

This court dismissed a writ petition seeking to quash an order awarding a construction contract. The bench found the petitioner's allegations were vague, no defendant was named in the malafide claim, and the contractor met all eligibility criteria.

What did the court decide?

The writ petition filed by the Ld. counsel for the petitioner was dismissed.

M/S Neeti Construction Company through Its… — Public Procurement and Tenders | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 23852 of 2018

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Petitioner :- M/S Neeti Construction Company Through Its Prop. Respondent :- U P State Construction And Infrastructure Development Corporation Ltd. And 3 Others Counsel for Petitioner :- Pankaj Srivastava,Archana Srivastava

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Hon'ble Shashi Kant Gupta,J.

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Hon'ble Rajiv Gupta,J.

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Supplementary affidavit filed today is taken on record.

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Learned counsel for the petitioner is permitted to delete the word " and 5" from the prayer clause (i) of the writ petition.

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Heard Mrs. Archana Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents and perused the record.

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This writ petition has been filed , inter alia, for the following relief:

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"(i) issue a writ, order or direction in the nature of certiorari quashing the order of award of contract dated 4.7.2018 issued by the respondent no. 2 and 3 in favour of the

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respondent nos. 4 and 5 pursuant to the e- tender notice no.220/EE-NVS/E-Tender/ 201819 dated 19.5.2018 (Annexure no. 7 ).

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The main contention of the learned counsel for the petitioner before the court is that even though the conditions provided in Clause (2) of the said e-tender notice, were not fulfilled by the respondent no.4, the respondents no. 2 and 3 awarded the contract to the respondents no. 4 .

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For ready reference Clause (2) of the aforesaid E- tender notice is quoted herein below:

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"The contractor who fulfills the following requirements shall be eligible to apply-

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(i) Should have successfully completed similar works during the last seven years ending 31st March 2018, as a prime contractor satisfying either of the following-

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(a) Three similar completed works each costing not less than 40% of tendered cost

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(b) Two similar completed works each costing not less than 60% of tendered cost

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(c) One similar completed work costing not less than 80% of tendered cost.

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Note:- (i) One completed work of any nature (either part of (I) or a separate one) costing not less than the amount equal to mentioned above of the estimated cost put to tender with some Central Government Department/State Government Department/Central Autonomous Body/Central Public Sector undertaking.

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(ii) Should have an average annual financial turnover of 50% of estimated cost on construction work of similar nature during last three years, ending 31st March 2017 (copy of certificates from C.A. To be submitted)."

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Thus, according to the aforesaid clause, only those contractors, who fulfill the aforesaid requirement would be eligible to apply.

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According to the tender notice, the estimated costs of the work was Rs. 31.05 lacs as mentioned in clause -1 of the said tender notice. From perusal of the experience certificates of respondent no.4 dated 7.7.2017 and 21.12.2011 issued by the concerned authorities, ( copies whereof have been annexed with the supplementary affidavit), it transpires that the respondent no. 4 has executed various contracts for constructing buildings, roads etc. of huge amount on various dates viz. dated 27.4.16, 16.7.16, 23.11.2016, 18.5.2011 during the last seven years ending 31st March, 2018 total amounting to more than rupees one crore fifty four lacs. The cost of one of the contract, which was executed by him, was about Rs. 39

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lacs. Thus, as per the experience certificate, the respondent no.4 had successfully completed similar works during the last seven years and the costs of work, executed by him was much more than the requirement.

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The aforesaid facts clearly indicates that the respondent no.4 fulfilled the technical and financial eligibility criteria as mentioned in e- tender notice dated 19.5.2018. Admittedly, the Tender of the respondent no. 4 was found to be the lowest among the eligible tenderers, as such, he was awarded contract for Rs.2,90,7704.80, which was 9% less than the BOQ rates. The said contract appears to have been rightly awarded to the respondent no.4 and the impugned order awarding contract in favour of the respondent no. 4 does not suffer from any legal infirmity warranting any interference by this court.

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It may further noticed that general and vague allegations have been made against the respondent no. 3 but neither he has been made a party by name nor there is any factual foundation to support the allegation of malafide.

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In view of the above, we do not see any merits in the writ petition and accordingly the writ petition is dismissed.

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Order Date :- 20.7.2018

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MLK

M/S Neeti Construction Company through Its Prop. v. U P State Construction and Infrastructure Development Corporation Ltd. and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Neeti Construction Company through Its Prop. v. U P State Construction and Infrastructure Development Corporation Ltd. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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