Dismissed

M/S Om Sai Ram Enterprises v. Haryana State Coop Supply & Marketing Federation Ltd. & Ors.

Punjab & Haryana HC31 Mar 2014CWP/6058/2014

Case brief

AI extract

What is this about?

This writ petition challenged an order upholding a respondent's successful tender bid. The court dismissed the petition, holding that no ground was made out for exercising jurisdiction under Article 226 as expert committee findings satisfied tender parameters and new issues were raised belatedly.

What did the court decide?

Petition dismissed with no grounds to exercise jurisdiction under Article 226.

M/S Om Sai Ram Enterprises Vs… — Public Procurement and Tenders | Punjab & Haryana HC (2014)

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I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH

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Civil Writ Petition No.6058 of 2014 (O&M) DATE OF DECI SI ON: 31.03.2014

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M/ s Om Sai Ram Enterprises

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…..Petitioner

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versus

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Haryana State Cooperative Supply and Marketing Federation Limited, etc.

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.....Respondents

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CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE

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HON’BLE MR. JUSTI CE ARUN PALLI

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Present: Mr. S.S. Mor, Advocate for the petitioner

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SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)

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In a tender floated for construction of godowns in district Hisar by the respondents on 23.7.2012, the petitioner lost out in the financial bid, the respondent No.4 being the successful party. The petitioner approached this Court by filing CWP No.12835 of 2013 on the limited ground that the said respondent No.4 did not meet the parameters of the tender qua the quality of the access road. Affidavits and counter-affidavits were filed qua this issue and this Court, by an agreed order dated 17.12.2013 (Annexure P-11), directed respondents No.1 to 3 to verify the position qua the condition of the road as per the tender param eters based on the further material placed on record before the Court.

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Respondents No.1 to 3 constituted a multi-m ember committee to go into each of the aspects sought to be raised by the petitioner qua the road and the final impugned order dated 6.2.2014 (Annexure P-13) has been passed. An inspection was carried out by an

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Chand Parkash 2014.04.01 14:36 I attest to the accuracy and integrity of this document

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CW P- 6058 - 2014

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- 2 -

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8-Mem ber team of the area of respondent No.4 and it was found that the road leading to the site was free from any kind of traffic restriction for truck movement and had access through an all-weather motorable blacktop road. The m atter was thereafter placed before a Senior Officers’ Com mittee for technical evaluation (the com petent Com mittee) which found that the param eters were m et.

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The Com mittee aforesaid referred to Clause-30 of the tender to satisfy itself about the road being free from traffic restriction, found that the dual mandatory condition was only the road to be free from traffic restriction for truck movem ent and all-weather black-top road (both satisfied), the road satisfying the width parameters, the absence of any provision in the MTF which specifically requires testing of the load bearing capacity of the road.

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The petitioner now once again seeks to assail this order by challenging the very aspects which have been gone into by the appropriate technical com mittee, plea which we are disinclined to accept as the objections of the petitioner have been found to be without merit and the expert committee has looked into the matter. Not only that, the petitioner now seeks to raise other issues which we cannot permit to do because it never raised those issues when approached the Court earlier qua the technical validity of the tender.

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We are, thus, of the view that no ground is made out to exercise our jurisdiction under Article 226 of the Constitution of India.

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Dismissed.

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Chand Parkash 2014.04.01 14:36 I attest to the accuracy and integrity of this document

M/S Om Sai Ram Enterprises v. Haryana State Coop Supply & Marketing Federation Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

M/S Om Sai Ram Enterprises v. Haryana State Coop Supply & Marketing Federation Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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