Petitioner challenged rejection of technical bid in railway tender. Court held petitioner failed to submit required documents per Instructions to Bidders. Writ petition stands dismissed.
None; petition dismissed.
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GAHC010153752021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5048/2021
NAYAK INFRASTRUCTURE PRIVATE LIMITED AND ANR
A CO. REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT SWARUPANANDA ROAD, LUMDING 782447, P.O. LUMDING, DIST. NAGAON AND ITS PRINCIPAL OFFICE AT 2ND FOOR KAMAKHYA COMMERCIAL, C.K. ROAD, PANBAZAR, GUWAHATI 781001, DIST. KAMRUP (M), REPRESENTED BY ITS MANAGING DIRECTOR SRI ANANTA CHARAN NAYAK
2: ANANTA CHARAN NAYAK S/O SRI BASUDEV NAYAK R/O KHRGHULI HILLS NEAR KHARGHULI MASJID P.O. KHARGHULI P.S. LATASIL PIN 78100
VERSUS
THE UNION OF INDIA AND 8 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, RAIL ROAD, NEW DELHI 110001
REPRESENTED BY ITS CHAIRMAN MINISTRY OF RAILWAYS RAIL BHAVAN NEW DELHI 110001
REPRESENTED BY IT GENERAL MANAGER MALIGAON GUWAHATI ASSAM 781011
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4:THE GENERAL MANAGER (CON) N.F. RAILWAY MALIGAON GUWAHATI 11 ASSAM. 5:THE CHIEF ENGINEER (CON) II N.F. RAILWAY MALIGAON GUWAHATI 11 ASSAM. 6:M/S NCSL AZAMUL HAQUE JV REPRESENTED BY MD. AZAMUL HAQUE HAVING ITS OFFICE AT KODALDWOWA P.O. FAKIRAGRAM DIST KOKRAJHAR PIN 783345 ASSAM. 7:S.M. INTERIOR PVT. LTD. REPRESENTED BY SAHABUDDIN MOLLA PURBA MEDINIAPUR WEST BENGAL. 8:S.M. INTERIOR PVT. LTD. REPRESENTED BY SRI SHYAM LAL SHARMA HYDERABAD TELANGANA 9:PUSPHAS CONSTRUCTION CO. LTD. REPRESENTED BY SRI SANJIB SARMA GUWAHATI DIST. KAMRUP (M) ASSAM
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, NF RLY
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
01/10/2021
Heard Mr. U K Nair, learned Senior counsel assisted by Mr. R Sinha, learned counsel for the petitioners and Mr. B Sarma, learned Standing counsel, Railways Department for the respondent Nos. 1 to 5.
Pursuant to the Tender notice dated 07.06.2021 for the works (a) balance earthwork in cutting to form formation and earthwork in filling to form embankment/subbank and construction of minor bridges, retaining walls, pucca approach roads to alignment and other ancillary works between Ch Km 8.00 to Km 12.00 and Br. No.37 (3x24.40 m span composite girder) at Ch. 13.831 Km, (b) Construction of ROB No.18 Km 6.1 (Span 1x 8.7m RCC Box) including other ancillary works in between Station Bairabi and Hortoki in connection with construction of new BG Railway line from Bairabi to Sairang in the State of Mizoram issued by the respondent NF Railways, the petitioner participated in the same. However, the respondent NF Railways on 06.09.2021 rejected the technical Bid of the petitioner holding it to be noneligible. Hence, this writ petition by the petitioner.
Mr. B Sarma, learned Standing counsel, Railways has placed a copy of the instructions before the Court, which goes to show the reason for rejecting the bid of the petitioner pursuant to the Tender notice dated 07.06.2021, furnishing a copy of the same to Mr. Nair, learned Senior counsel for the petitioner. As per the instructions of the respondent Railways placed before the Court, the petitioner did not fulfill the criteria as laid down in the Tender notice dated 07.06.2021.
Mr. Nair, learned counsel for the petitioner, on verification, very fairly submits that as the petitioner failed to submit the requisite documents as specified in the Instructions to Bidders with regard to said Tender under No.CE/CON/B-S/EMB/2021/01 dated 07.06.2021 for which the respondent Railways have rightly rejected the technical bid of the petitioner.
Considering the above, this writ petition, being without any merit, stands dismissed.
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Copy of the instructions placed before the Court today by Mr. B Sarma, learned Standing counsel, Railways be kept as a part of the record.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the rejection of the petitioner's technical bid by the respondent Railways on the ground of non-submission of requisite documents is liable to be set aside.
Nayak Infrastructure Private Limited and Anr
The Union of India and Ors
Manash Ranjan Pathak
As recorded by the court registry
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