Dismissed

M/s Chandi Enterprises and Ors. v. The State Of Bihar and Ors.

Patna HC5 Sept 2012CWJC/16388/2012

Case brief

AI extract

What is this about?

Petitioners challenged the cancellation of a stone metal tender and change of lead. The Chief Justice held that if valid reasons existed for cancellation, the Court could not examine them. Petitioners are directed to participate in the second tender with earnest money adjusted; otherwise, costs shall be refunded.

What did the court decide?

Petitioners directed to participate in the second tender with earnest money adjusted; otherwise, refund of costs and earnest money ordered.

M/s Chandi Enterprises and Ors. Vs The State Of… — Civil Procedure and Limitation | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16388 of 2012

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====================================================== 1.M/S Chandi Enterprises and others. …… …. Petitioners Versus The State Of Bihar & Ors .... .... Respondents/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajkishore Prasad For the Respondent/s : Mr. Girjesh Kuwar, Advocate, A.C to A.A.G.I ============================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 05-09-2012 25 Contractors and their Associations have joined together to file this writ application raising grievance that the first tender process was cancelled midway without any reasons and second tender process has been initiated. Learned counsel for the petitioners submits that in the first tender process, the lead for lifting of stone metal and chips was indicated to Koderma where chips were available. In the second tender the lead for lifting of stone metal and chips has been shown to Gaya, where hardly any stone chips are available for being queried and supplied. Learned counsel also submits that after the first tender notice was issued, petitioners purchased the tender papers and submitted ernest money with their tenders, which is lying with them and has not been returned inpsite of cancellation of tender process. Hence, prayer is that the respondents may be directed to continue the first tender process itself, and award the contract as

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Patna High Court CWJC No.16388 of 2012 (2) dt.05-09-2012

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discussed with them by the respondents.

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In view of this Court, if the respondents cancelled the tender process for any valid reasons, this Court can not go into and examine justifiability of the same. Petitioners are at liberty to participate in the second tender process which has been initiated for the same work with a different lead. In the process their ernest money may be adjusted against their fresh tender. In case they decide not to participate in this tender process, their cost of B.O.Q. and ernest money shall be refunded to the concern petitioner by the respondent. Apart from this, this Court does not find it appropriate to issue any other direction to respondents.

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The writ application is, accordingly, disposed of. However, this order will not come in the way of the petitioners to request the Principle Secretary to consider their representation, already filed.

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(Jayanandan Singh, J)

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Sudha/-

M/s Chandi Enterprises and Ors. v. The State Of Bihar and Ors.

Case brief

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M/s Chandi Enterprises and Ors. v. The State Of Bihar and Ors.

Case brief

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