Gauhati High Court
Page No.# 1/3 vs The Oil India Limited And Anr on 23 August, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010138662022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/2507/2022 in
WP(C) /4618/2022
QUIPPO OIL AND GAS INFRASTRUCTURE
A LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. HEAD OFFICE AT PLOT NO. X-1
2 AND 3
BLOCK- EP
SECTOR -V
SALT LAKE CITY
KOLKATA-700091
WEST BENGAL AND REP. BY ITS DULY CONSTITUTED AND AUTHORIZED
REPRESENTATIVE SHRI LABANYA DAS
VERSUS
THE OIL INDIA LIMITED AND ANR.
A GOVT. OF INDIA ENTERPRISE
REPRESENTED BY ITS EXECUTIVE DIRECTOR (KGB AND BEP) AND
HAVING ITS REGISTERED OFFICES AT DULIAJAN
DIST- DIBRUGARH
ASSAM PIN-786602
2:THE CHIEF GENERAL MANAGER (C AND P)
OIL INDIA LIMITED
BAY EXPLORATION PROJECT
KAKINADA
ODISHA
PIN-
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
OIL appearing for THE OIL INDIA LIMITED AND ANR.
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
23-08-2022 Heard Shri K.N. Choudhury, learned Senior Counsel assisted by Shri R.J. Das, learned counsel for the applicant / writ petitioner. Also heard Shri S.N. Sharma, learned Senior Counsel, who is appearing on behalf of the Oil India Limited.
The subject matter of the writ petition is a Show-Cause Notice dated 04.07.2022 by which the applicant / writ petitioner has been sought to be placed in a Holiday List and also been suspended from participating in any tender process to be initiated by the respondent- Company. Though the process initiated to place the applicant- petitioner on a Holiday List is not, per se, the subject matter of challenge, it was clarified on the last occasion that the present concern of the applicant / writ petitioner was the observation by which the applicant-petitioner was suspended from participating in any tender process.
This Court while issuing notice on 18.07.2022 had passed an order that so far as the two ensuing tenders pertaining to the State of Assam were concerned, the applicant-petitioner be allowed to participate in the same subject to the outcome of the consideration and culmination of the process of blacklisting.
The instant Interlocutory Application has been filed with a similar prayer as a new work has been floated pertaining to the State of Tripura namely "Acquisition of 145 LKM of 2D seismic data in Khubal-Tripura Block-(AA-ONHP-2020/1) & 74 LKM of 2D seismic data in Langtarai-Tripura Block-(AA-ONHP-2020/3), of North Tripura in the State of Tripura".
Shri Choudhury, the learned Senior Counsel accordingly submits that a similar direction be issued along with the applicant-petitioner to participate in the said tender process.
Page No.# 3/3 Shri Sharma, the learned Senior Counsel for the Oil India Limited, however submits that the same conditions be attached if such an order is passed.
After hearing the parties, it is directed that the applicant-petitioner be allowed to participate in the aforementioned tender pertaining to the State of Tripura and the bid of the applicant-petitioner be treated at par with all other bidders. Such consideration would however be subject to the final decision which the Oil Company may take on the principle of black listing.
To enable the participation as directed above, the OIL Company shall make the necessary facility by unlocking the portal so that the applicant Company can participate in the same.
The Interlocutory Application, accordingly stands disposed of.
JUDGE Comparing Assistant