Jammu & Kashmir High Court
Abdul Rashid Lone vs Fci And Ors. on 4 August, 2017
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No. 1248/2017, MP No. 01/2017
Date of order:-04.08.2017
Abdul Rashid Lone Vs. FCI and ors.
Coram:
Hon'ble Mr. Justice Sanjeev Kumar, Judge
Appearing counsel:
For the petitioner(s) : Mr. Pranav Kohli, Advocate.
For the respondent(s) :
1. The case set up by the petitioner is that pursuant to the e-bids invited by the respondents for appointment of Road Transport Contractors (RTC) of various godowns of Food Corporation of India, the petitioner submitted his bid and ultimately emerged as successful lowest bidder with regard to the transportation contract from new godown Jammu to PEG Srinagar for a period of two years. It is submitted that the distance, as notified in the NIT between the two destinations aforesaid, was 334 kilometer and the estimated value of contract (in crores) Rs. 23.62 crores. The petitioner submitted EMD, security deposit etc. and completed all other requisite formalities and ultimately was issued the letter of allotment on 17th March, 2017.
SWP No. 1248/2017 Page 1 of 3
2. The grievance of the petitioner is that after the allotment, by virtue of the impugned order dated 29th May, 2017, the rates were revised by the respondents on the plea that the distance between the two destinations had been reduced due to opening of Chennani-Nashri Tunnel, thereby justifying the revision of the rates. Consequent upon the aforesaid impugned order, it is claimed that respondents have started making deductions from the running bills of the petitioner w.e.f. 03rd April, 2017. The attention of this Court is invited to the relevant Clauses of the contract, i.e., Clause XVIII to canvass the point that the revision was permissible only if there was variation in the diesel prices and not otherwise. So far as the distance is concerned, learned counsel for the petitioner submits that the same was to be fixed prior to the issuance of NIT or in any case prior to the issuance of the letter of allotment. Prima-facie, the submissions made by the learned counsel for the petitioner have substance.
3. Notice.
4. Mr. Ahtsham Bhat, learned Government Advocate waives notice on behalf of the respondents.
5. Notice in MP also, returnable within four weeks. SWP No. 1248/2017 Page 2 of 3
6. Meanwhile, operation of the aforesaid impugned order shall stay subject to the condition that the differential amount shall be continued to be deducted from the running bills of the petitioner, but the same shall be deposited by the respondents in the Registry of this Court fortnightly. The disbursement of the differential amount deposited in the Registry of this Court, however, shall be subject to the final decision of the case. The amounts so deposited by the respondents shall be invested in FDR(s) so that the party, which ultimately succeeds in the matter, would get the same with interest earned. It would also be appropriate for the respondents to refer the dispute to the Dispute/Grievance Redressal Committee as provided in the terms and conditions of the NIT. May do so within a period of four weeks from the date of receipt of certified copy of the order passed today.
(Sanjeev Kumar) Judge Jammu, 04.08.2017 "Ram Krishan"
SWP No. 1248/2017 Page 3 of 3