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Calcutta High Court (Appellete Side)

Bla Projects Private Limited & Anr vs Damodar Valley Corporation & Ors on 25 February, 2019

Author: Debangsu Basak

Bench: Debangsu Basak

z                                      1


    81.   25.02.                      W.P. 21921 (W) of 2018
    Sd3    2019
                               BLA Projects Private Limited & Anr.
                                             Versus
                               Damodar Valley Corporation & Ors.


                         Mr. Sourav Kr. Mukherjee
                         Mr. Debdeep Sinha
                                    ...for the petitioners.
                         Mr. Debabrata Banerjee
                         Mr. T. Dey
                                    ...for respondents.

The petitioners are aggrieved by a decision of the Damodar Valley Corporation in not opening the price bid of the petitioners in a tender process.

Damodar Valley Corporation (DVC) is represented. It appears from the records made available to Court that, the petitioners participated in a tender process floated by D.V.C. The tender process required submission of technical and price bid. The tender conditions permitted the employer to reject the tender of any aspirant on the ground that, such aspirant is guilty of not performing a contract in the last two previous years.

In the present case, the petitioners are alleged to be guilty of not being able to execute a work order in the last two years.

The tender committee took such fact into consideration and proceeded not to open price bid of the petitioners.

Learned advocate appearing for the petitioners seeks a direction upon the respondents to make over copy of the documents relied upon by the respondents in Court. He seeks permission to amend the writ petition if permitted in law.

In the facts of the present case, it would be z 2 appropriate to direct the parties to file affidavit.

Let affidavit-in-opposition be filed within four weeks from date. Reply, if any thereto, be filed within two weeks thereafter.

The writ petition will be treated as ready for hearing immediately on expiry of the time period stipulated for filing affidavits.

The parties are at liberty to mention for early hearing.

(Debangsu Basak, J.)