A tenderer disqualified at technical evaluation for not furnishing earnest money argued it had small scale enterprise status during the turnover period. The court found the Udyam record showed medium scale classification from 09.05.2023, before the NIT, so earnest money was required and the disqualification stood.
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.# 1/5
GAHC010022772024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/617/2024
M/S RADHIKA EXPRESS SERVICE
A PROPRIETORSHIP CONCERN HAVING ITS REGISTERED OFFICE AT GROUND FLOOR, HOUSE NO. 12, SADANANDA BHAWAN, H.P. BRAMACHARIA ROAD, REHABARI, GUWAHATI-781008, DIST. KAMRUP(M), ASSAM, REPRESENTED BY ITS PROPRIETOR NAMELY SRI PAWAN KUMAR AGARWALA, S/O- MOHAN LAL AGARWALA.
VERSUS
THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, DAK BHAWAN, NEW DELHI-110001.
2:THE CHIEF POST MASTER GENERAL (CPMG) ASSAM CIRCLE 4TH FLOOR MAGHDOOT BHAWAN GUWAHATI-01.
3:THE ASSISTANT POST MASTER GENERAL (APMG) OFFICE OF THE CPMG ASSAM CIRCLE 4TH FLOOR MEGHDOOT BHAWAN GHY-01.
4:THE HEAD PARCEL OPERATIONS OFFICE OF THE CHIEF POST MASTER GENERAL (CPMG) ASSAM CIRCLE 4TH FLOOR MEGHDOOT BHAWAN GUWAHATI-01
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent : DY.S.G.I.
Page No.# 2/5
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 06.03.2024
Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner and Mr. S. S. Roy, learned counsel for the respondents.
Page No.# 3/5
petitioner’s financial bid should be opened.
2.b. Average annual turnover of the bidder for last three financial years should be more than or equal to 1,12,50,000/-. Bidder should submit authenticated copies of Income Tax Returns, Audited Balance Sheet and Profit and Loss Account for last three financial years 2020-2021, 20212022 and 2022-2023 along with Technical Bid.
4.c. Firms registered with the Micro and Small Enterprises (MSEs) registered under Udyam Registration and National Small Industries Corporation (NSIC) and Startups as recognized by Department of Industrial Policy & Promotion (DIPP) with current validity are exempted from furnishing the Earnest Money Deposit (Bid Security). In case the bidder desires exemption from the Bid Security, they should submit the valid MSE registered under Udyam Registration, NSIC or Startup certificate (applicable for this field of business) for such exemption and enclose this
Page No.# 4/5
in the technical bid.
Page No.# 5/5
the content of the document has to be deemed to be admitted and correct. In view of the fact that the petitioner was required to have submitted earnest money, being a medium scale industry, the disqualification of the petitioner’s bid at the technical bid evaluation stage by the respondent cannot be faulted.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner's disqualification at technical bid evaluation for non-submission of earnest money was valid despite its claim of small scale status.
M/S Radhika Express Service
The Union of India
The Chief Post Master General (CPMG), Assam Circle
The Assistant Post Master General (APMG), Assam Circle
The Head Parcel Operations, Office of the CPMG, Assam Circle
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
