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Calcutta High Court (Appellete Side)

Shri Milan Dhibar vs Indian Oil Corporation Limited & Ors on 22 December, 2022

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

22.12.2022
 Ct. 5
 D/L 5
  ab


                                WPA 28643 of 2022

                                Shri Milan Dhibar
                                       -Vs-
                      Indian Oil Corporation Limited & Ors.


             Mr. Kishore Datta,
             Mr. Nilendu Bhattacharya,
             Ms. Sumita Shaw,
             Mr. Soumen Chatterjee
                                                     ... for the petitioner

             Mr. Amit Kr. Nag,
             Mr. Partha Banerjee
                                                          ... for the IOCL


                    The affidavit of service is taken on record.

                    The Indian Oil Corporation Limited (IOCL) is

             represented. The private respondents are not before the

Court despite being served by e-mail and WhatsApp yesterday, i.e. 21st December, 2022.

The petitioner participated in a tender issued by IOCL in November, 2021 for hiring trucks for transportation of LPG cylinders. The petitioner participated in the tender in the category of a SC/ST candidate. The petitioner challenges the Letter of Acceptance given by IOCL to the private respondent nos. 5 & 6 on the ground that the private respondents did not comply with one of the essential conditions in the tender document.

Learned counsel for the petitioner has placed the relevant material before the Court to support the case of non-compliance of essential requirements.

Upon considering the facts that the Letter of Acceptance was issued upon the private respondents in March, 2022 and the petitioner has come before this Court in December, 2022, this Court is not inclined to pass any interim order at this stage. The contention of the counsel for the petitioner that the petitioner came to know of the impugned Letter of Acceptance only upon filing of an affidavit by IOCL before the Division Bench in respect of the same tender issued by IOCL is noted.

The Court, however, accepts the explanation given for the delay in filing of the present writ petition. The delay was admittedly caused by the absence of IOCL uploading the requisite information with regard to the documents furnished by the bidders in the official website of IOCL. This is a salutary practice and should be followed by public sector undertakings to maintain the transparency in tender processes.

Hence, as an interim measure, IOCL is directed to upload the bid documents furnished by all the bidders in respect of the subject tender on the official website of IOCL and allow the bidders to have access to such documents. IOCL shall take requisite steps within a week from date.

Let affidavit-in-opposition be filed within a week after the Court reconvenes in January, 2023; reply thereto be filed within a week thereafter.

List this matter on 18th January, 2023. The question of maintainability of the writ petition as well as the prayer for further interim relief will be considered on the returnable date.

( Moushumi Bhattacharya, J.)