Gauhati High Court
M/S Kitchenmate vs The Union Of Indian And 6 Ors on 22 April, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/13
GAHC010058242026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1684/2026
M/S KITCHENMATE
THROUGH ITS AUTHORIZED DIRECTOR MR ARUP MANDOL, HAVING ITS
OFFICE AT JUNCTION OF VIDYASAGAR AVENUE AND KIRTIBAS ROAD
NORTH, DURGAPUR STEEL TOWNSHIP, B ZONE, DURGAPUR- 713205,
WEST BENGAL.
VERSUS
THE UNION OF INDIAN AND 6 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
THROUGH ITS SECRETARY A -WING, SHASTRI BHAWAN, DR. RAJENDRA
PRASAD ROAD, NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
Page No.# 2/13
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
7:CHIEF MANAGER LOGISTICS (LPG)
EAST
BHARAT PETROLEUM CORPORATION LIMITED
BHARAT BHAVAN
PLOT NO- 31
PRINCE GULAM MD. SHAH ROAD
GOLF GREEN
KOLKATA
WEST BENGAL- 70009
Advocate for the Petitioner : MR S BORTHAKUR, MS J SAIKIA,MR. U S BORA
Advocate for the Respondent : DY.S.G.I., MR. S S ROY,SC, I O C,SC, BPCL
Linked Case : WP(C)/1508/2026
SMTI SHRUTI AGARWAL
W/O SANJAY AGARWAL
Page No.# 3/13
R/O SURYAVILLAS 1ST FLOOR FLAT NO 1A
RKC ROAD
NEAR HARYANA BHAWAN
BHARALUMUKH
GUWAHATI
ASSAM- 781009
VERSUS
THE UNION OF INDIAN AND 5 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
THROUGH ITS SECRETARY A -WING
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
Page No.# 4/13
NOONMATI
GUWAHATI- 781020
ASSAM
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
------------
Advocate for : MR S BORTHAKUR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIAN AND 5 ORS
Linked Case : WP(C)/1506/2026
BAID PARIWAHAN LIMITED
THROUGH ITS DIRECTOR SMTI JINI JAIN
AGED ABOUT 48 YEARS
HAVING ITS OFFICE AT 1- J
EMBASSY BUILDING 4
SHAKESPEARE SARANI
KOLKATA- 700071
WEST BENGAL.
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
THROUGH ITS SECRETARY
A WING
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
Page No.# 5/13
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
------------
Advocate for : MR S BORTHAKUR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
Linked Case : WP(C)/1510/2026
KARAMVEER TRANSPORT CO. PVT. LTD.
THROUGH ITS AUTHORIZED DIRECTOR
MR. KARAMVEER SINGH
HAVING ITS OFFICE AT 2ND FLOOR
UPOHAR TOWN CENTRE
2052 CHAK GARIA
Page No.# 6/13
KOLKATA- 700094
WEST BENGAL
VERSUS
THE UNION OF INDIAN AND 5 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
THROUGH ITS SECRETARY A -WING
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
Page No.# 7/13
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
------------
Advocate for : MR S BORTHAKUR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIAN AND 5 ORS
Linked Case : WP(C)/1513/2026
M/S LIMA AKUM
THROUGH ITS PROPRIETOR OLANG OZUKUM
HAVING ITS OFFICE AT OZUKUM COMPLEX (NEAR NAGAMESE CHURCH)
AOYIMKUM VILLAGE
DIMAPUR- 797112
NAGALAND.
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
THROUGH ITS SECRETARY
A WING
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
Page No.# 8/13
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
------------
Advocate for : MR S BORTHAKUR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
Linked Case : WP(C)/1514/2026
M/S HELANG PHOM
THROUGH ITS PROPRIETOR MR. HELANG PHOM
HAVING ITS OFFICE AT H/N-2B
NAHARBARI
NH 29
DIMAPUR
NAGALAND- 797112
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
Page No.# 9/13
THROUGH ITS SECRETARY A WING
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
------------
Page No.# 10/13
Advocate for : MR S BORTHAKUR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
Linked Case : WP(C)/1511/2026
PAWAN BAID
S/O SRI BUDHMAL BAID
R/O CAPITAL TRAVELS BUILDING
CLUB ROAD
SILCHAR 788001
ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND NATURAL GAS
THROUGH ITS SECRETARY A WING
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2:THE INDIAN OIL CORPORATION
REPRESENTED BY THE CHIEF GENERAL MANAGER
INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
3:THE GENERAL MANAGER L.P.G. (OPERATIONS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
4:THE MANAGER L.P..G. (OS)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
Page No.# 11/13
ASSAM
5:THE DEPUTY MANAGER L.P.G. (FINANCE)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
6:THE DEPUTY MANAGER L.P.G. (SALES)
THE INDIAN OIL CORPORATION LIMITED (IOCL)
INDIAN OIL AOD STATE OFFICE
SECTOR-III
NOONMATI
GUWAHATI- 781020
------------
For the Petitioner(s) : Mr. U. S. Bora, Advocate
: Ms. J. Saikia, Advocate
For the Respondent(s) : Mr. M. Sarma, Standing Counsel
: Mr. S. S. Roy, CGC
: Mr. S. Kakati, CGSC
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 22.04.2026 Heard Mr. U. S. Bora, the learned counsel appearing on behalf of the Petitioner and Mr. S. S. Roy, the learned CGC appearing on behalf of the Respondent Nos. 1 and 7. I have also heard Mr. M. Sarma, the learned Standing counsel of the IOCL appearing on behalf of the Respondent Nos. 2, 3, 4, 5 and Page No.# 12/13
6.
2. Mr. M. Sarma, the learned Standing counsel appearing on behalf of the IOCL submits that prior to filing of any affidavit, a preliminary question be adjudicated by this Court as to whether the writ petition is at all maintainable without a challenge to the part of the corrigendum which had led to the impugned action. The learned Standing counsel specifically refers to the following portion i.e.-
"In case the bidder fails to submit the required documents with change of name, etc. within 4 months of issue of LOI, suitable penal action shall be taken, which may include EMD forfeiture, caution money forfeiture, termination of order of such TTs and blacklisting of such TTs. Under no circumstances will the above mentioned timeline be extended. In such cases, the contracting Corporation reserves the right and shall be at liberty to induct TTs as per the methodology mentioned in the tender to fulfill the shortfall arising thereof."
3. The above portion is a part of the details of PQC documents and requiring that the bidder has to submit the required documents with change of name etc. within 4 months of the issuance of the LOI and admittedly, in some of the trucks which the Petitioner in the instant proceedings have bidded for, the Petitioner were not able to submit the required documents with change of name etc. within 4 months of the issuance of the LOI.
4. Taking into account the said submission, this Court enquired Page No.# 13/13 with the learned counsel appearing on behalf of the Petitioner who submitted that his Senior Mr. S. Borthakur, the learned counsel is not present in the Court today and therefore sought for some accommodation.
5. Accordingly, list this matter again on 06.05.2026 for admission on which date, the maintainability of the instant writ petition would be taken up on the preliminary issue so raised.
JUDGE Comparing Assistant