Disposed

Kohinoor Pulp and Paper Pvt. Ltd. v. Assam Industrial Development Corporation Limited and Anr.

Gauhati HC4 Sept 2024WP(C)/4119/2024

Case brief

AI extract

What is this about?

Writ petitions challenged a pre-qualification eligibility criterion restricting tender experience to the North-Eastern States in an e-tender for dismantling Cachar Paper Mill. As the auction was withdrawn, the Court found no surviving cause of action and closed both petitions, vacating the interim order.

What did the court decide?

Both writ petitions closed; interim order dated 21.08.2024 vacated; liberty to challenge any fresh tender process.

Kohinoor Pulp and Paper Pvt. Ltd. Vs Assam… — Public Procurement and Tenders | Gauhati HC (2024)

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GAHC010178682024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4419/2024

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M/S EDIFICE ENGINEERING AND ANR

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A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE SITUATED AT 123,124, NEW APOLLO INDUSTRIAL ESTATE PREMISES CHSL, AWADH NARAYAN TIWARI MARG, ANDHERI EAST, MUMBAI SUBURBAN, MAHARASHTRA, PIN- 400069 AND REPRESENTED BY ITS AUTHORISED REPRESENTATIVE/POWER OF ATTORNEY HOLDER, SHRI JIGAR CHHEDA, SON OF KANTI CHHEDA, 2/64, VARMA NAGAR, NAGARDAS ROAD, NEAR CHINAI COLLEGE, MUMBAI, ANDHERI EAST, MAHARASHTRA, PIN- 400069

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2: SHRI JIGAR CHHEDA SON OF KANTI CHHEDA 2/64 VARMA NAGAR NAGARDAS ROAD NEAR CHINAI COLLEGE MUMBAI ANDHERI EAST MAHARASHTRA PIN- 400069 CONTACT NO.- 9819102679 EMAIL [email protected]

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, COMMERCE AND PUBLIC ENTERPRISES, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6

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2:THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED A GOVT OF ASSAM UNDERTAKING DEPARTMENT OF INDUSTRIES COMMERCE AND PUBLIC ENTERPRISES

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GOVERNMENT OF ASSAM R.G.BARUAH ROAD GUWAHATI- 781024 REPRESENTED BY ITS MANAGING DIRECTOR 3:THE SPECIAL DEPUTY GENERAL MANAGER (TECH) R.G.BARUAH ROAD GUWAHATI- 781024 AIDC CONTACT NO- 9401282411 EMAIL- [email protected] 4:MSTC LIMITED A MINI-RATNA PUBLIC SECTOR UNDERTAKING UNDER THE ADMINISTRATIVE CONTROL OF THE MINISTRY OF STEEL GOVERNMENT OF INDIA AND REPRESENTED BY ITS CHIEF MANAGER F AND A BSNL EXCHANGE BUILDING BELTOLA BASISTHA ROAD WIRELESS GUWAHATI PIN- 78103

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Advocate for the Petitioner : MR. R J DAS, MR. N BARUAH Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE, SC, AIDC

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Linked Case : WP(C)/4119/2024

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KOHINOOR PULP AND PAPER PVT LTD HAVING ITS REGISTERED OFFICE AT 101 CENTRE POINT BUILDING 21 HEMANTA BASU SARANI KOLKATA-01 WEST BENGAL AND HAVING ITS ADMINISTRATIVE OFFICE AT 2ND FLOOR ROYAL ARCADE B.BAROOAH ROAD GUWAHATI- 781007 KAMRUP(M) ASSAM. REP. BY ITS DIRECTOR AMIT AGARWAL S/O- RAM AWATAR AGARWAL

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AND R/O H.NO-19 ARUNODOI PATH PRAKASH KUNJ NARAYAN NAGAR KUMARPARA GUWAHATI-09 DIST- KAMRUP (M) ASSAM

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VERSUS

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ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED AND ANR R.G BARUAH ROAD GHY-24 ASSAM REP. BY ITS MANAGING DIRECTOR

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2:THE SPECIAL DEPUTY GENERAL MANAGER(TECHNICAL) ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED

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R.G BARUAH ROAD GHY-24 ASSAM -----------Advocate for : DR ANKIT TODI Advocate for : SC

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AIDC appearing for ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED AND ANR

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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05.09.2024

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Heard Dr. BP Todi, learned Senior Counsel for the petitioner in WP(C)/4119/2024 as well as Shri RJ Das, learned counsel for the petitioners in WP(C)/4419/2024.

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The challenge in these writ petitions is with regard to a pre-qualification eligibility criteria pertaining to e-tender auction for dismantling the Cachar Paper

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Mill. It is the submission of the petitioners that the experience clause has been restricted to the North-Eastern States which is arbitrary.

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This Court had directed obtaining of instructions and in WP(C)/4119/2024, there is also an interim order that bid documents submitted by the petitioner should not be rejected and the respondent authorities should not proceed with e-auction till the returnable date. The said interim order has been extended and is operating.

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When the matter is called upon for consideration today, Shri JK Goswami, learned Standing Counsel, AIDC has placed before this Court a communication dated 02.09.2024 whereby it has been stated that auction in question has been withdrawn. A further e-mail of the same date discloses the reason of such withdrawal as only one bidder was found to be technically qualified.

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Be that as it may, since the auction has been withdrawn, this Court is of the opinion that there is no existing cause of action to be adjudicated. Accordingly, both the writ petitions are closed. Interim order dated 21.08.2024 passed in WP(C)/4119/2024 stands vacated.

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It is however made clear that closure of the writ petitions will not preclude the petitioners or any other aggrieved party to raise grievance, if any, pertaining to any fresh tender process, if so advised, in accordance with law.

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JUDGE

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Comparing Assistant

Kohinoor Pulp and Paper Pvt. Ltd. v. Assam Industrial Development Corporation Limited and Anr.

Case brief

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Kohinoor Pulp and Paper Pvt. Ltd. v. Assam Industrial Development Corporation Limited and Anr.

Case brief

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