Gujarat High Court
Ashirwad vs State on 28 May, 2010
Author: R. Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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SCA/6437/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6437 of 2010
=========================================================
ASHIRWAD
INDUSTRIES - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PREMAL R JOSHI for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 28/05/2010
ORAL ORDER
Heard learned Senior Advocate Mr Mihir Joshi with Mr Premal Joshi for the petitioner.
2. Learned Senior Advocate for the petitioner submitted that there are number of reasons for which the contract awarded in favour of respondent No.4 is required to be quashed and set aside by this Court including that of, that this Court issued notice on 4.5.2010 returnable on 28.5.2010. Still, however, on 24.5.2010, a contract was executed and on 25.5.2010 the physical possession of the check-post (Toll plaza) is handed over to respondent No.4. Besides that, he invited attention of the Court to page 159 whereby the Government authority by letter dated 11.3.2010 gave an opportunity to respondent No.4 to furnish the documents, some of which, go to the root of the matter, namely, the qualifying standard of the concerned party.
3. Learned Senior Advocate Mr Naik with Mr Chetan Pandya files affidavit-in-reply on behalf of respondent No.4. Along with this reply, communication dated 11.3.2010 is produced, which according to the learned Senior Advocate for the petitioner, is contrary to one of the clauses of the Tender Document, which is reflected on page 22, which reads, It may be noted that non-submission of any of the document stated above either in full or part will render disqualification of bid and bid will be summarily rejected without asking for submission of missing documents. ... .... ... Non submission of any of the above documents either in full or part as per this para 3.00 will invite rejection of the bid , and also contrary to the circular dated 18.1.2008, a copy of which is produced at Annexure-B to the petition, wherein it is stated that in the matters of on-line tenders, no documents can be produced physically.
3. Be that as it may. Now that the contract is executed and physical possession is handed over of the Toll Plaza, the matter is not required to be considered during vacation. All these aspects will be considered by the Court on re-opening.
4. The matter is adjourned to 17th June 2010.
It is clarified that non-passing of any order today will not change the equities in favour of either party.
(RAVI R. TRIPATHI, J.) zgs/-
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