Punjab-Haryana High Court
M/S Krishan & Co vs Haryana Warehousing Corporation And ... on 21 April, 2011
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel, Ajay Kumar Mittal
Civil Writ Petition No.5572 of 2011 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.5572 of 2011
Date of decision: 21.4.2011
M/s Krishan & Co. ...Petitioner
Versus
Haryana Warehousing Corporation and others
...Respondents
CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
HON'BLE MR.JUSTICE AJAY KUMAR MITTAL
Present: Mr. R.K.Bansal, Advocate for the petitioner
Mr. K.K.Gupta, Advocate for respondents No.1 and 2.
Mr. Balraj Singh, Advocate for respondent no.3.
ADARSH KUMAR GOEL, J.
This petition seeks quashing of orders dated 31.1.2011 Annexures P-3 and P-4 abandoning the tender process and renewing the existing contract in favour of respondent no.3.
Case of the petitioner is that in pursuance of tender notice dated 6.1.2011 Annexure P-1 for appointment of handling contractor, the petitioner gave its bid @ 195% above SOR. The bid was not accepted as the existing rate was much lower i.e. 137% above SOR. Accordingly, the tender process was abandoned and existing contract was renewed.
We have heard learned counsel for the parties.
Contention raised on behalf of the petitioner that since the bid of the petitioner was lowest, the contract should be awarded to it cannot be accepted. If the existing rate was lower than the bid given by the petitioner, there is no illegality in existing contract being renewed. It has been pointed Civil Writ Petition No.5572 of 2011 -2- **** out that even during negotiation the petitioner declined to reduce the rate. Thus, decision not to award contract to the petitioner cannot be held to be arbitrary. No ground is made out for interference with the impugned orders.
Dismissed.
(Adarsh Kumar Goel)
Judge
April 21, 2011 (Ajay Kumar Mittal)
Pka Judge