In a writ petition challenging a tender condition requiring additional performance security, the Chhattisgarh High Court dismissed the application, stating the petitioner was not a successful bidder and the question was hypothetical.
The writ application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 1629 OF 2018
Sharad Shukla S/o Shri Ramesh Shukla, Aged About 53 Years R/o H. No. 291, Sundar Nagar, Raipur Chhattisgarh.
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri Kshitij Sharma, Advocate For Respondent/State : Shri Y. S. Thakur, Additional Advocate General.
Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
23/08/2018
Per Ajay Kumar Tripathi, Chief Justice
1. Heard counsel for the parties.
2. Writ application was filed by the petitioner when a Notice Inviting Tender ('NIT') No. 127/TC/18-19 bearing System Tender No. 36788 issued on 31/05/2018 and the conditions laid down therein for deposit of additional performance security became the cause of action for the petitioner to seek relief of striking down the condition of additional performance security clause.
3. Since petitioner is not the successful bider, therefore, the condition of providing additional performance security is not needed and the successful bidder is not before this Court making any grievance against the so-called onerous
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conditions. This Court is not willing to answer a hypothetical question of law as an academic exercise.
4. The writ application is dismissed. We leave the question open to be decided
in an appropriate proceeding, if occasion so arises.
Sd/- Sd/(Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE
Yogesh
1 issue framed by the court
Whether the High Court should strike down the condition of additional performance security in a tender notice when the petitioner is not a successful bidder.
Sharad Shukla
State of Chhattisgarh Through The Secretary, Public Works Department
Chief Engineer, Office of Engineer - In - Chief, Public Works Department
Ajay Kumar Tripathi
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
