Gauhati High Court
M/S Engineering Projects (India) Ltd vs Omega Elevators And 2 Ors on 24 August, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010124722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1242/2021
M/S ENGINEERING PROJECTS (INDIA) LTD.
4TH FLOOR, HINDUSTAN TOWER, JAWAHAR NAGAR, N.H. - 37, GHY- 22,
DIST. KAMRUP (M), ASSAM
VERSUS
OMEGA ELEVATORS AND 2 ORS.
HAVING REGISTERED OFFICE AT 11, SANJEEV BAUG SOCIETY NEW
SHARDA MANDIR ROAD, PALDI AHMEDABAD 380007 HAVING BRANCH
OFFICE AT HOUSE NO. 41, 1ST FLOOR, OPPOSITE 5TH BYE LANE,
RAJGARH ROAD, GUWAHATI-3, KAMRUP (M), ASSAM, REPRESENTED BY
THE MANAGER CUM AUTHORIZED REPRESENTATIVE HIMADRI BORA.
2:THE UNION OF INDIA
REP. BY THE SECY.
MINISTRY OF HEAVY INDUSTRIES
NEW DELHI
3:NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND
RESEARCH
GUWAHATI
SILA KATAMUR (HALUGURISUK)
P.O. CHANGSARI
DIST. KAMRUP
ASSAM
PIN 78110
Advocate for the Petitioner : MS. B SARMA
Advocate for the Respondent : MR. A DAS
Page No.# 2/5
Linked Case : WP(C)/810/2021
OMEGA ELEVATORS
HAVING REGISTERED OFFICE AT 11
SANJEEV BAUG SOCIETY NEW SHARDA MANDIR ROAD
PALDI AHMEDABAD 380007 HAVING BRANCH OFFICE AT HOUSE NO. 41
1ST FLOOR
OPPOSITE 5TH BYE LANE
RAJGARH ROAD
GUWAHATI-3
KAMRUP (M)
ASSAM
REPRESENTED BY THE MANAGER CUM AUTHORIZED REPRESENTATIVE
SHRI HIMADRI BORA.
VERSUS
THE UNION OF INDIA AND ANR
REPRESENTED BY THE SECY. DEPTT. OF HEAVY INDUSTRIES AND
THROUGH THE GROUP GENERAL THROUGH THE GROUP GENERAL
MANAGER ENGINEERING PROJECTS (INDIA) LTD. NORTH EASTERN
REGIONAL OFFICE
4TH FLOOR
HINDUSTAN TOWER
JAWAHAR NAGAR
NATIONAL HIGHWAY NO. 37
GUWAHATI
KAMRUP (M)
ASSAM
PIN 781022
2:NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND
RESEARCH GUWAHATI (NIPERG)
SILA KATAMUR (HALUGURISUK)
P.O. CHANGSARI
DIST. KAMRUP
ASSAM
PIN 781101
3:ENGINEERING PROJECTS (INDIA) LTD.
NORTH EASTERN REGIONAL OFFICE
4TH FLOOR
HINDUSTAN TOWER
JAWAHAR NAGAR
NATIONAL HIGHWAY NO. 37
Page No.# 3/5
GUWAHATI
KAMRUP (M)
ASSAM
PIN- 781022
REP. BY THE GROUP GENERAL MANAGER.
------------
Advocate for : MR. A DAS Advocate for : C.G.C. appearing for THE UNION OF INDIA AND ANR BEFORE THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA order 24.08.2021 Heard Ms. B Sarma, learned counsel for the applicant Engineering Projects (India) Limited (EPIL) who is the respondent No. 3 in the connected writ petition. This application is filed seeking for the following reliefs:
"It is therefore most respectfully prayed that Your Lordship's may be pleased to allow this application under Article 226 (3) of the Constitution of India for modification/ vacation/ cancellation of the interim order dated 12.02.21 passed in WP(C) 810/21 thereby allowing the applicant to cancel/ annul the tender and go ahead with the project as per the requirement of the client and / or pass such further or other orders as Your Lordships may deem fit and proper."
The connected writ petition was filed by the opposite party No. 1/ writ petitioner challenging the "product description' in the tender No. NERO/CON/698/390 dated 19.01.2021 wherein the said 'product description' left out the brand of petitioner manufacturer who is the manufacture of the OMEGA Elevators. Notice of motion was issued and vide order dated 12.02.2021 a direction was made to the respondents not to finalize the tender process in Page No.# 4/5 respect of tender notice dated 19.01.2021. A meeting was held in respect of tender notice dated 19.01.2021 in presence of the representation of National Institute of Pharmaceutical Education and Research (NIPER), Guwahati and applicant, EPIL and the minutes of the meeting dated 24.03.2021 is reproduced hereinbelow:
"The following points were discussed:-
1. EPIL has informed that only one bid has been received even after extension of submission date for six times.
2. The matter was discussed in reference to the CVC guidelines which say that single tender should not be accepted unless supported by proper justification. Since lifts under the scope of the tender are common items and there are several reputed brands supplying similar lifts in and around Guwahati, there cannot be any genuine, justification to accept single tender.
3. As such, Elect, Consultant, NIPER suggested that the tender may be cancelled. It was also pointed out that in many departments like Ministry of Shipping, Road Transport & Highway, single tender is not acceptable in the first instance. (copy enclosed).
4. In view of the above it was decided that the tender may be annulled as advised."
In terms of the said minutes of meeting dated 24.03.2021 the applicant has filed this application seeking for the relief hereinabove extracted.
Mr. B Hasurkar, learned counsel of the opposite party No. 1/ writ petitioner submits that he has no objection in respect of withdrawal of the NIT dated 19.01.2021. However, he insisted for non-exclusion of the product of the petitioner from the scope of fresh NIT in the event any future NIT is going to be Page No.# 5/5 issued by the NIPER. Mr. D Gogoi, learned counsel appearing on behalf of NIPER respondent No. 2 submits that as of now there is no such decision for floating fresh tender.
In view of the same and keeping in view the submission of Mr. Hasurkar, I am of the considered view that this Interlocutory Application requires to be allowed granting the prayer sought for.
Accordingly, the Interlocutory Application stands allowed thereby vacating the interim of order dated 12.02.2021 on the basis of the minutes of meeting dated 24.03.2021.
JUDGE Comparing Assistant