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Patna High Court - Orders

M/S .Bcl Secure Premises (P) Ltd. ... vs The Union Of India & Ors on 4 June, 2012

Author: V.N. Sinha

Bench: V.N. Sinha

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.10256 of 2012
                 ======================================================
                 M/S .BCL Secure Premises (P) Ltd., A Company Registered Under
                 Company Act, 1956 Having Its Registered Office At 222, Mall Road,
                 Flower Valley, Vasant Kunj, New Delhi- 110070 Through Its Authorized
                 Signatory Mr. Girish Vatsa S/O Late Mahatama Singh Resident Of L-2/177,
                 Second Floor, Alakhnanda, Kalkai, New Delhi- 110019, Police Station
                 Kalkaji

                                                                     .... ....   Petitioner.
                                                   Versus
             1. The Union Of India Through General Manager East Central Railway
                Hajipur, Dist.- Vaishali, Bihar
             2. General Manager, Signal & Telecommunication, East Central Railway,
                Hajipur- 844101, Dist.- Vaishali, Bihar
             3. Chief Signal & Telecom Engineer, East Central Railway Hq, Dighi Kala
                Hajipur-844101, Dist.- Vaishali, Bihar
             4. Chief Signal & Telecom Engineer (Project), East Central Railway Hq, Null
                Dighi Kala Hajipur- 844101, Dist.- Vaishali, Bihar
             5. Deputy Chief Signal & Telecom Engineer (Project), East Central Railway
                Hq, Dighi Kala Hajipur- 844101, Dist.- Vaishali, Bihar

                                                                 .... .... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s : M/s. Y.V.Giri, Rajeev Ranjan, Bela Singh,
                                        Alok Tripathi, Advocates
                 For the Railway      : Mr. Anik Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
                 ORAL ORDER


2   04-06-2012

Heard learned counsel for the petitioner and the counsel for the Indian Railways.

2. Petitioner firm is a works contractor and the firm applied for grant of works contract by the Indian Railways pursuant to open tender notice no. 26 of 2010-11 (Annexure-2). In response to the tender notice petitioner deposited a sum of Rs.12,56,160/- on 3.12.2010. Technical bid of the firm was found technically suitable on 7.12.2011. Later petitioner's financial bid was opened on 21.12.2011 and he Patna High Court CWJC No.10256 of 2012 (2) dt.04-06-2012 2/2 became L1. In the light of the aforesaid developments the validity of the offer submitted by the petitioner's firm has been extended from time to time at the request of the authorities of the Railways. One such request is dated 13.3.2012 which has not been considered so far, though petitioner submitted his willingness for extension of the validity of his offer under letter dated 17.3.2012 which is at page 124 of the brief. Perusal of letter dated 17.3.2012 indicates that the extension sought under letter dated 13.3.2012 was to be considered by 31.5.2012.

3. Having heard counsel for the petitioner and the Indian Railways, I dispose of the writ petition directing the competent authority of the Railways i.e. Deputy Chief Signal & Telecom Engineer (Project), East Central Railway, HQ, Dighi Kala Hajipur or any other competent authority to consider the request of the petitioner submitted under letter dated 17th March, 2012 at the earliest, in any case within one month from the date of receipt/production of a copy of this order before the Deputy Chief Signal & Telecom Engineer even if the authorities have not considered the same by 31st May, 2012 by passing speaking order.

4. The writ application is, accordingly, disposed of.

(V.N. Sinha, J) DKS/-