Indian Kanoon - Search engine for Indian Law

Calcutta High Court (Appellete Side)

Smt. Jayanti Bose vs The State Of West Bengal & Ors on 8 May, 2015

Author: I.P. Mukerji

Bench: I.P. Mukerji

                                     1


08.05.2015
Sl. 58
Ct.No.18
aa
                                 W.P. 26296 (W) of 2014

                                       Smt. Jayanti Bose
                                              Vs.
                                 The State of West Bengal & Ors.


             Mr. Achyut Basu
             Mr. Rupchand Chakraborty
             Ms. Punam Basu
             Ms. Sonam Basu
                                                              ...for the petitioner
             Mr. Nilanjan Adhikari
                                                      ...for the respondent no. 2

After going through the averments in the affidavit-in- opposition there was sufficient justification for cancellation of the first and second tenders.

The reason advanced in the affidavit-in-opposition of the respondent no. 2 for cancellation of the third tender is as follows:-

"V) That Respondent No. 2 states that the aforesaid e-

tender was floated third time on 07th August, 2014 being ID- 2014-ARD-22065-1. This e-tender was also cancelled after opening the technical part as this time 3 bidders are same as in the first and second e-tender. There was no change either in the number or the identity of the bidders. This deadlock in the numbers and identity force the Corporation to decide that the tender was floated for one more time to see whether any new bidder respond or not."

That the number or identity of tenderers was the same was no ground to cancel the tender.

In those circumstances, the fourth tender process is hereby declared null and void and cancelled. This court directs the respondent Corporation to consider the third tender in accordance with law.

All aspects of consideration are open to them except that the tender cannot be invalidated on the ground of number of tenderers or identity of the tenderers.

The respondents will finalise this tender process within three weeks from the date of communication of this order. Till this tender process is finalised and a new tender is awarded, the existing tenderers, being the private respondent will be allowed to continue.

The private respondent has never appeared in court either at the time of directions or thereafter.

None appears for them even today.

This writ application is, accordingly, disposed of. Urgent certified photo copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all requisite formalities.

( I.P. Mukerji, J. )