Dismissed

Shramik Sangharsha Nagari Seva Co-Operative Society Ltd. v. Medical Superintendent, Regional Mental Hospital and Ors.

Bombay HC24 Feb 2011WP/4333/2010

Case brief

AI extract

What is this about?

The petition to challenge the rejection of a technical bid for houseKeeping work was dismissed. A substantial part of the contract term had elapsed, the lowest bidder had commenced work, and non-compliance with tender conditions justified the rejection.

What did the court decide?

Petition dismissed as the court was not inclined to entertain it due to lapse of time and commencement of work by the lowest bidder.

Shramik Sangharsha Nagari Seva Co-Operative… — Public Procurement and Tenders | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4333 OF 2010

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M/s. Shramik Sangharsha Nagari Seva Co-operative Society Ltd.

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..Petitioner

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versus

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Medical Superintendent, Regional Mental Hospital & Ors.

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..Respondents

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Mr. M. S. Topkar for Petitioner. Mr. S. M. Sabrad for Respondent No. 6.

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CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ.

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24 February 2011.

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P.C. :

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In these proceedings under Article 226 of the Constitution the Petitioner has sought to challenge the decision of the Respondent – State which rejected the technical bid submitted by the Petitioner in relation to the award of a contract for house keeping work at the Regional Mental Hospital, Thane. The bid submitted by the Petitioner was rejected for failure of compliance of the tender conditions in relation to eligibility. It has been stated in the reply filed by the First Respondent that in breach of conditions 4, 10, 11 and 12, the Petitioner did not submit :

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(i) a Solvency Certificate of a bank to the extent of 5% against the amount of the annual tender;

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(ii) the General Provident Fund Registration Certificate number;

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(iii) the ESIC Registration number; and

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(iv) the Registration Certificate for Service Tax.

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The contention of the learned counsel appearing on behalf of the Petitioner is that the tender conditions did not require the submission of a Solvency Certificate issued by a bank and the Petitioner had in fact submitted a Certificate issued by the Tahsildar which was sufficient compliance. Moreover it has been submitted that the Petitioner had applied for the Certificates, stated in (ii) and (iii) above.

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We are not inclined to entertain the Petition for more than one

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reason. The period of the contract is from 1 June 2010 for one year. A substantial part of the contract term has already elapsed. The Sixth Respondent who was the lowest bidder has already commenced work. The technical bid of the Petitioner was rejected on 18 December 2009. The tender conditions stipulate the submission of PF and ESIC Registration Certificates. In the absence thereof the Authorities were justified in rejecting

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the bid submitted by the Petitioner. For these reasons interference of this

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Court in writ jurisdiction under Article 226 is not warranted. The Petition is accordingly dismissed.

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(Dr. D. Y. Chandrachud, J.)

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(Anoop V. Mohta, J.)

Shramik Sangharsha Nagari Seva Co-Operative Society Ltd. v. Medical Superintendent, Regional Mental Hospital and Ors.

Case brief

What is this about?

What did the court decide?

Shramik Sangharsha Nagari Seva Co-Operative Society Ltd. v. Medical Superintendent, Regional Mental Hospital and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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