Disposed

M/s Ganesh Ram Dokania Engineers and Contractors v. The State Of Bihar and Ors.

Patna HC17 Aug 2012CWJC/14959/2012

Case brief

AI extract

What is this about?

Petitioner challenged disqualification in technical bid for 80% completion. Court directed Engineer-in-Chief to consider petitioner's objection and restrain respondents from issuing work order to rival until final decision.

What did the court decide?

Directing respondents to consider petitioner's objection to disqualification and restrain issuance of work order to respondent no.6.

M/s Ganesh Ram Dokania Engineers and… — Contract and Commercial Disputes | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14959 of 2012

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M/S Ganesh Ram Dokania Engineers & Contractors, Dokania Market, Aliganj, Banka through its authorized signatory Anil Kumar Agrawal, son of late Shyam Sundar Kejriwal, resident of 4-A/8, Jagdamba Path, Boring Road, P.O.-G.P.O., P.S.-Krishnapuri, District-Patna. .... .... Petitioner/s Versus

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The State Of Bihar.

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The Secretary, Road Construction Department, Government of Bihar, Patna.

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The Engineer-in-Chief-cum-Additional Secretary, Road Construction Department, Government of Bihar, Patna.

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The Superintending Engineer, Road Construction Department, Road Circle, Bhagalpur.

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The Executive Engineer, Road Construction Department, Road Division, Munger.

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M/S Top Line Infra Projects Private Ltd., Mirchi Bari, P.O. and P.S.Katihar, District-Katihar having its registered office Premier House, 19, Ganesh Chandra Avenue 2^nd Floor, Room no.6A, Kolkatta-7200013.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. S.B.K.Mangalam, Adv. For the Respondent/s : Mr. Anant Kumar, AC to AAG-2

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====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 17-08-2012 From Annexure-3 it appears that the technical bid of the petitioner was opened and it was found disqualified on the ground that “superweighted percentage is less than 80%.”

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Learned counsel for the petitioner submits that in all the pending works of the petitioner more than 80% work had been completed, which was duly certified by the Executive Engineer, Road Division, Banka, vide Annexure-4. However, the Tender Committee had not updated its records in this respect which is its fault. He submits that, in the circumstances, petitioner was found disqualified on non-est grounds. He submits that the petitioner,

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after getting the information of disqualification on 24.07.2012

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Patna High Court CWJC No.14959 of 2012 (2) dt.17-08-2012

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2 / 2

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through website, immediately filed a representation before the Engineer-in-Chief on 31.07.2012, vide Annexure-8. However, he submits that the same has not been considered by the respondents and they instead proceeded with opening of financial bid and award of work to respondent no.6.

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If petitioner had filed his objection against holding it disqualified in technical bid the same ought to have been considered by the respondents immediately before proceeding further in the matter. They could not sit over its objection, for whatever worth it was and proceed further causing prejudiced to the petitioner, which may have raised a valid objection against reasons for its disqualification which it claims to be arbitrary and non-est.

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In the circumstances, this writ application is disposed of with a direction to the Engineer-in-Chief to consider the objection of the petitioner dated 31.07.2012, as contained in Annexure-8 and its enclosures, and take a final decision in accordance with law with consequential action, if necessary, positively within two weeks from the date of receipt/production of a copy of this order.

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Till that is done this Court restrained the respondents from issuing work order to respondent no.6, if not already issued.

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(Jayanandan Singh, J)

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Arvind/-

M/s Ganesh Ram Dokania Engineers and Contractors v. The State Of Bihar and Ors.

Case brief

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M/s Ganesh Ram Dokania Engineers and Contractors v. The State Of Bihar and Ors.

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