Disposed

Mithileshwer Ray v. South Eastern Coalfields Limited

Chhattisgarh HC5 May 2022WPC/1203/2022

Case brief

AI extract

What is this about?

The High Court considered a writ petition regarding a public tender where the successful bidder withdrew. The Court held that the cause of action was extinguished, disposing of the petition as infructuous. An interim order was vacated, and the petitioner was granted liberty to challenge any new tender.

What did the court decide?

Writ petition disposed of as infructuous; interim order vacated.

Mithileshwer Ray Vs South Eastern… — Public Procurement and Tenders | Chhattisgarh HC (2022)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 1203 of 2022

¶5

Mithileshwer Ray S/o Shri Sushil Ray, Aged About 40 Years Proprietor of Aditya Forging And Fabrication, R/o F-203, Mayuri Heights, Maitrikunj, Risali, Police Station Nawai, Bhilai, District Durg Chhattisgarh

¶6

---- Petitioner

¶7

Versus

¶8

South Eastern Coalfields Limited Through Its Chairman And Managing Director, Head Quarters, Seepat Road, Bilaspur District Bilaspur Chhattisgarh. 495006

¶9

The Area General Manager, South Eastern Coalfields Limited, Bhatgaon Area, District Surajpur Chhattisgarh

¶10

The Staff Officer, Material Management Department, South Eastern Coalfields Limited, Bhatgaon Area, District Surajpur Chhattisgarh 497235

¶11

The Staff Officer, Electrical And Maintenance Department, South Eastern Coalfields Limited, Bhatgaon Area, District Surajpur (Chhattisgarh) 497235

¶12

The Area Finance Manager, South Eastern Coalfields Limited, Bhatgaon Area, District Surajpur Chhattisgarh. 497235

¶13

The Director (Technical) South Eastern Coalfields Limited, Head Quarters, Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh) 495006

¶14

Black Diamond Equipments Pvt. Ltd., Through Its Director, Indira Commercial And Residential Complex, Transport Nagar, Korba, District Korba (Chhattisgarh)

¶15

---- Respondents

¶16

(Cause Title taken from Case Information System)

¶17

For Petitioner : Mr. P.R.Patankar, Advocate. For Respondents No.1 to 6 : Mr. Pankaj Agrawal, Advocate

¶18

¶19

Hon'ble Mr. Arup Kumar Goswami, Chief Justice Hon'ble Mr. Rajendra Chandra Singh Samant, Judge

¶20

Order on Board

¶21

Per Arup Kumar Goswami, Chief Justice 05/05/2022

¶22

Heard Mr. P.R.Patankar, learned counsel, appearing for the petitioner as well as Mr. Pankaj Agrawal, learned counsel, appearing for the respondents No. 1 to 6.

¶23

2 . Mr. Agrawal, learned counsel, appearing for the respondents No. 1 to 6 submits that the successful tenderer i.e. the respondent No. 7 has withdrawn his bid and therefore, the respondents No. 1 to 6 will have to issue a fresh notice inviting tender. Accordingly, he submits that there is no surviving cause of action in the writ petition.

¶24

3 . This Court, by order dated 09.03.2022 had observed that the contract shall not be finalied in respect of Bid No. GEM/2021/B/1380523 dated 23.07.2021.

¶25

4 . In view of the above submission of Mr. Agrawal, the writ petition is disposed of as infructuous. Interim order passed earlier also stands vacated.

¶26

5 . If any fresh tender is floated by the respondents and the petitioner is still aggrieved in any manner, he shall have the liberty to challenge the same, if so advised.

¶27

Sd/Sd/- (Arup Kumar Goswami) (Rajendra Chandra Singh Samant) Chief Justice Judge

¶28

Amit

Mithileshwer Ray v. South Eastern Coalfields Limited

Case brief

What is this about?

What did the court decide?

Mithileshwer Ray v. South Eastern Coalfields Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mr. Vaibhav Saluja Vs State of Chhattisgarh

Union of India Vs Ranjeet Singh Bepari

Sunil Dutt Pandey Vs State of Chhattisgarh

Mithileshwer Ray Vs South Eastern Coalfields Limited

Dr. Neha Sakarkar Vs State of Chhattisgarh

Tulika Prajapati Vs State of Chhattisgarh