Gauhati High Court
Page No.# 1/4 vs Oil And Natural Gas Corp Ltd And 4 Ors on 12 January, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010008992024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/210/2024
M/S SPECTRON ENGINEERS PRIVATE LIMITED AND ANR
REPRESENTED BY ITS AREA MANAGER,
SRI KAMAL PHUKAN,
AND HAVING ITS OFFICE AT 129, ANDHERI INDUSTRIAL ESTATE,
OFF VEERA DESAI ROAD, ANDHERI WEST,
MUMBAI- 400053, MAHARASHTRA.
2: KAMAL PHUKAN
SON OF BENU PHUKAN
RESIDENT OF KATHPAR GAON
P.O.- BANMUKH
PIN- 785663
DISTRICT- SIVASAGAR
ASSAM
VERSUS
OIL AND NATURAL GAS CORP LTD AND 4 ORS
REPRESENTED BY ITS CHAIRMAN
AND HAVING ITS OFFICE AT NELSON MANDELA MARG,
VASANT KUNJ, NEW DELHI- 110070.
2:THE ASSET MANAGER
AAFB EXPLORATORY ASSET
ONGC
SRIKONA
SILCHAR- 788026
ASSAM.
3:THE GENERAL MANAGER (E AND T)
AAFB EXPLORATORY ASSET
Page No.# 2/4
ONGC
SRIKONA
SILCHAR- 788026
ASSAM.
4:THE GENERAL MANAGER-IC MM
AAFB EXPLORATORY ASSET
ONGC
SRIKONA
SILCHAR- 788026
ASSAM.
5:THE ASSISTANT EXECUTIVE ENGINEER (P)
AAFB EXPLORATORY ASSET
ONGC
SRIKONA
SILCHAR- 788026
ASSAM
Advocate for the Petitioner : MR. K P PATHAK
Advocate for the Respondent : SC, ONGC
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
12.01.2024 Heard Shri KP Pathak, learned counsel for the petitioner.
2. The petitioner claims to be an experience contractor in the field of maintenance of Gas Compression Station. The petitioner was duly handed over the work of Gas Compression Station at South Bansakandi in the district of Cachar vide the contract dated 16.10.20219 for the period of 3(three) years by the respondent - ONGC. It is submitted that in connection with a particular document pertaining to Group Insurance Policy, a particular employee of the petitioner had done some manipulation which, on detection was duly informed to the ONGC by the petitioner and the same was also rectified. However, a Page No.# 3/4 show-cause notice was issued on 05.10.2023 as to why the petitioner should not be blacklisted. The same was replied to by the petitioner on 26.10.2023 and subsequently, on 31.11.2023, the term of the contract had also come to an end. It has been specifically submitted that no action whatsoever was taken with regard to the contract in question dated 16.10.2019.
3. The respondent - ONGC has in the meantime notified a fresh tender for the work to be done for the subsequent period and the petitioner had participated in the same, the said tender number is ONGC Silchar GEM Tender No. GEM/2023/B/3766802 (ONGC TENDER NO.
SLC/MM/SF/O&M/52/S26AC23005) due on 30/08/2023 at 15:00 Hrs. However, vide the impugned order dated 09.01.2024 the offer of the petitioner has been rejected on technical ground based on the reason that the petitioner has been blacklisted. It is however submitted that the order of blacklisting is on the same date i.e. 09.01.2024.
4. Shri Pathak, learned counsel for the petitioner submits that apart from the work in which the petitioner has submitted its bid, there are other works also in which the petitioner is interested and has participated.
5. Let notice be issued, returnable on 05.02.2024.
6. Petitioner to take steps for service of notice upon the respondents by registered post with A/D. Steps within a week.
7. Heard the learned counsel on the interim prayer.
8. It is submitted that so far as the present work notified vide ONGC Silchar GEM Tender No. GEM/2023/B/3766802 (ONGC TENDER NO. SLC/MM/SF/O&M/52/S26AC23005) due on 30/08/2023 at 15:00 Hrs in which the petitioner had participated is concerned, the financial evaluation is yet to be Page No.# 4/4 done. In the interest of justice and balancing the equities, it is provided that till the next date i.e. 05.02.2024 no exercise of financial evaluation be carried out.
9. The petitioner is also given liberty to renew his prayer for interim order so far as the other works are concerned on the next date. Since this interim order has been passed ex-parte, the respondents - ONGC may come up for modification / alteration, if so advised.
10. List this case on 05.02.2024.
JUDGE Comparing Assistant