Petitioner sought completion of a tender process and award of contract. The court held that since the RFP was annulled, examining the grievance was inappropriate and dismissed the petition as infructuous.
Petition dismissed as infructuous; liberty granted to assail the annulment decision separately.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
BLS INTERNATIONAL SERVICES LIMITED .....Petitioner
Through: Mr. Amit Sibal, Senior Advocate with with Mr.Naman Joshi, Mr.Arpit Singh Arora, Ms.Ritika Vohra, Mr. Rahul, Mr. Shivam & Ms.Amber Tickoo, Advocates.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Shashank Garg, CGSC with Ms. Nishtha Jain, Advs. for R-1 &2 Mr. Rajiv Nayar, Sr. Advocate with Ms. Meghna Mishra, Ms. Tahira Karanjawala, Mr. Arjun Raghavendra M., Mr. Aman T. Mehta, Ms. Mehek Karanjawala and Ms. Manjira Das Gupta, Advocates for R-3
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 03.10.2024
A. Direct the Respondent Nos. 1 & 2 to complete the tender process and not annul the subject RFP dated 20.04.2023after having opened financial bids about 16 months ago;
B. Direct the Respondent Nos. 1 & 2 to complete the tender process under the subject RFP dated 20.04.2023in a time bound manner;
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:54:49
C. Direct the Respondent Nos. 1 & 2 to award contract under the subject RFP dated 20.04.2023 in favour of the Petitioner being lowest bidder or L1 at the time of opening of financial bids;
D. In the event by the time of listing or hearing and disposal of the present petition, a letter of award is issued or contract executed by the Respondent Nos. 1 and 2 in favour of any other person, quash and set aside such award / contract.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:54:49
legality or validity of the annulment/ cancellation decision taken by the respondent nos. 1 and 2.
REKHA PALLI, J
SAURABH BANERJEE, J
OCTOBER 3, 2024/akr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:54:49
2 issues framed by the court
Whether the petition regarding annulment of RFP is maintainable once the RFP stands cancelled.
Whether the court should examine the allegations of malafide in the annulment decision.
BLS INTERNATIONAL SERVICES LIMITED
UNION OF INDIA
REKHA PALLI
SAURABH BANERJEE
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
