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Showing contexts for: http in New Delhi-110063. vs Hindustan Petroleum Corporation ... on 9 April, 2010Matching Fragments
6. The question that arises is whether this Court needs to interfere with the impugned communication dated 30-12-2009 in exercise of the writ jurisdiction. The answer has to be in the negative for the following reasons:
The notice inviting the tender issued by the respondent was specifically for work tender No.9000146-HD-10002 for the roads and drains work at Tikrikalan, near Delhi, subject to the earnest money deposit of Rs.7,74,000/- and the bids were to be submitted at 15.00 hours on 13-11-2009. The tender documents were available online at website http:/www.cca.gov.in. The important condition was that bid document was not transferable. The respondent has also specifically reserved to itself the right to accept or reject all the tenders without assigning any reason. The BQC specified that in case the bidder(s) is/are a consortium then each member in the consortium may only be a legal entity and not an individual person. The bid by the consortium was required to identify each member indicating the type of legal entity. One participant member of the consortium was required to be identified as the "prime member" and contracting entity for the consortium. Such "prime member" was to be solely responsible for all the aspects of the bid proposal including the execution of all tasks and performances of all the consortium obligations. In the present case, it appears that the petitioner had entered into a consortium agreement with M/s. Brij Gopal Constructions Company having registered office at A-7/2 Sector 14, Shivaji Apartment, Rohini, New Delhi-85, with a view to participate in the bidding process for the tender work of road and drain work at Tikriklan project and to satisfactorily execute the work of the said project with specific condition that M/s. Brij Gopal Construction Company shall be the prime member of the consortium for all intents and purposes for dealing with the Hindustan Petroleum Corporation Limited (the respondent herein) for submitting bid as well as doing all other acts and things necessary for submission of all the bid documents and other documents for the purpose of the tender work.