Petitioner challenged contract awarded to 7th respondent after failing to concede deviations. Court held no notice needed to L1 post-negotiation failure. Writ petition dismissed.
Writ petition dismissed in limine; matter regarding EMD return adjourned to Railway terms.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12347 of 2024
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PEW Engineering Pvt. Limited through Prasun Samadder (M) aged about 33 years, son of Pranab Samadder, Senior Executive Registered Office at 40/107, Pioneer, Joy Bibi Road, Ghusuri, Howrah-711107, West Bengal.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Mrigank Mauli, Sr. Advocate Mr.Asif Kalim, Advocate For the Respondent/s : Dr. Krishna Nandan Singh (ASG) Mr. Devansh Shankar Singh JC to ASG Mr. Bindhyachal Sing, Advocate Mr. Harsh Ajay Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 27-08-2024
The petitioner had applied under a tender produced as Annexure-P/1. In fact the general conditions of contract specifically indicated by Clause-1(ii) that in case of any
Patna High Court CWJC No.12347 of 2024 dt.27-08-2024 2/4
deviation from the requirement of tender specifications, and instructions to tender or general & special Conditions of Contract the same should be brought out by the tenderer in Annexure-A. The petitioner has specified the deviations which the petitioner required as per Annexure-P/4.
Patna High Court CWJC No.12347 of 2024 dt.27-08-2024 3/4
Clause-10(b)(iii) of Annexure-P/1 which requires a specific agreement to be drawn up in the event of a sub-contractor being engaged; which agreement has to be at the time of filing of the tender documents.
Patna High Court CWJC No.12347 of 2024 dt.27-08-2024 4/4
on which we pass no opinion.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
ranjan/-
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2 issues framed by the court
Whether notice to L1 is required when tenderer fails to withdraw deviations during negotiation.
Whether Railways must remit Earnest Money Deposit when contract awarded to another bidder.
1 provisions across 1 enactments
Pew Engineering Pvt. Limited
Union of India
East Central Railway
Braithwaite and Co. Limited
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
