The Gauhati High Court vacated an interim order of 15.02.2019 in a writ petition regarding a technical rejection of a government tender. Petitioner failed to establish a case for re-tendering. The petition was dismissed.
The writ petition was dismissed and the interim order dated 15.02.2019 was vacated.
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.
Page No.# 1/3
GAHC010090482019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1004/2019
1:M/S. PARBATI ENTERPRISES A PROPRIETORSHIP FIRM AND A REGD. GOVT. CONTRACTOR AND GENERAL ORDER SUPPLIERS REP. BY ITS PROPRIETOR- SRI PRADIP SAIKIA HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT PUBERUN PATH HATIGAON P.O. AND P.S. HATIGAON GUWAHATI-781038 DIST. KAMRUP (M) ASSAM.
VERSUS 1:THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-06. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI-781007. 3:THE INSPECTOR GENERAL OF POLICE (ADMN.) ASSAM ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI-07. 4:THE SUPDT. OF POLICE SUPPLY BRANCH ASSAM POLICE HEAD QUARTER
Page No.# 2/3
ULUBARI GUWAHATI-781007.
5:(a) M/S INTERLINK
A PROPRIETORIAL FIRM REPRESENTED BY THE SOLE PROPRIETOR SMTI. INKU MAHANTA HAVING ITS OFFIC AT ZOO NARENGI ROAD GUWAHATI-21 ASSAM.
5:(b) M/S DLIGHTS
A PROPRIETORIAL FIRM REPRESENTED BY THE SOLE PROPRIETOR SHRI RAVI PRAKASH KHADRIA. HAVING ITS OFFICE AT RESIDENT OF 3-A CENTRE POINT G.S. ROAD ULUBARI GUWAHATI-7.
5:(c) BEEKAY INDUSTRIES
A PROPRIETORIAL FIRM REPRESENTED BY THE SOLE PROPRIETOR SHRI BASANT KUMAR AGARWALLA HAVING ITS OFFICE AT TARUN NAGAR GUWAHATI-5 ASSAM.
Advocate for the Petitioner : MR. A BHATTACHARYA Advocate for the Respondent : GA ASSAM
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 07-06-2019
Heard learned counsel for the parties.
In the related IA(Civil) No. 1711 of 2019 and connected interlocutory applications, the following order has been passed today:-
“ 12. After hearing learned counsel for the parties and on due consideration, Court is of the view that the delay between opening of tenders on 11.01.2018 and technical evaluation of the bids on 10.01.2019 has been explained by the Assam Police authorities. It has come on record that tender of opposite party has been rejected on the ground of being technically invalid. Opposite party may avail his remedy against cancellation of his tender or
Page No.# 3/3
against award of contract, but that can be no ground to continue with the interim order.
13. In the light of the above and on due consideration, interim order dated 15.02.2019 is hereby vacated.
14. All the interlocutory applicants are accordingly disposed of .”
Therefore, it is open to the petitioner to seek his remedy against rejection of his tender on technical grounds or for award of contract to the successful tenderer, but prayer made in the writ petition that there should be re-tender after cancelling the tender process pursuant to NIT dated 19.12.2017, cannot be acceded to.
No case for admission is made out.
Accordingly and subject to the above observation, writ petition is dismissed.
Comparing Assistant
3 issues framed by the court
Whether to continue the interim order preventing cancellation of a rejected tender.
Whether to grant a re-tender after cancelling the tender process.
Whether the petitioner has made out a case for admission or relief.
2 provisions across 2 enactments
M/S. PARBATI ENTERPRISES
THE STATE OF ASSAM
THE DIRECTOR GENERAL OF POLICE ASSAM
THE INSPECTOR GENERAL OF POLICE (ADMN.) ASSAM
THE SUPDT. OF POLICE SUPPLY BRANCH ASSAM
M/S INTERLINK
UJJAL BHUYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
