Disposed

S.s.k. Traders Manufactures Dubakiya v. State Of Uttarakhand and Others

Uttarakhand HC5 Mar 2014WPMS/452/2014

Case brief

AI extract

What is this about?

The High Court of Uttarakhand disposed of a writ petition concerning a cooperative dairy tender dispute. It directed the Registrar, Co-operative Dairies, Uttarakhand, Haldwani, as per the tender terms, to adjudicate the grievance and pass orders within three weeks.

What did the court decide?

Directing the Registrar, Co-operative Dairies, Uttarakhand, Haldwani, to hear the grievance and pass orders within three weeks.

S.s.k. Traders Manufactures Dubakiya Vs… — Public Procurement and Tenders | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition No. 452 (MS) of 2014

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S.S.K. Traders Manufactures …….Petitioner Versus State of Uttarakhand & others ………….Respondents

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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Mr. Amish Tewari, Advocate, present for the petitioner.

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Mr. Lalit Samant, learned Brief Holder, present for the State/respondent no. 1.

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Mr. Dinesh Gahtori, Advocate, holding brief of Mr. J.P. Joshi, Advocate, present for the respondent no.2.

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The Uttarakhand Co-operative Dairy Federation Ltd./respondent no. 2 invited bids for procurement of chaff cutter and milk cold store equipments from eligible persons. Since the expected amount of the items was above `25.00 lakhs, it had to be a two bid process. Three persons, petitioner, respondent no. 3 and another person applied for the bids. Out of the three persons, petitioner and another person were declared to be unsuccessful in the technical bid and only the respondent no. 3 was qualified for the financial bid. Petitioner alleges that there is only one bidder whose bid was qualified and this cannot be a fair and transparent method as the respondent no.2 would not get best quality of material.

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The learned counsel for the respondent no.2 submits that there is a Clause 9 in the terms and conditions of the bid relating to settlement of disputes according to which in case of any dispute, matter will be referred to the Registrar, Co-operative Dairies, Uttarakhand, Haldwani. Learned counsel for the respondent no. 2 further submits that this

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matter relates to the tender, therefore, it should be referred to the Registrar.

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In view thereof, this writ petition is disposed of with the direction to the Registrar, Co-operative Dairies, Uttarakhand, Haldwani who shall hear the grievance of the petitioner as well as respondent no. 3 and pass appropriate order.

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Let the needful be done as expeditiously as possible but definitely within a period of three weeks from the date a certified copy of this order is produced before him.

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Till the disposal of the dispute before the Registrar, Cooperative Dairies, Uttarakhand, Haldwani, the tender process, if not already finalized, and if so finalized, no further orders be issued, till the disposal of the dispute.

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(Sudhanshu Dhulia, J.) 05.03.2014

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S.s.k. Traders Manufactures Dubakiya v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

S.s.k. Traders Manufactures Dubakiya v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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