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Showing contexts for: Darcl in Cj Darcl Logistics Limited vs Oil And Natural Gas Corporation Limited on 7 January, 2021Matching Fragments
W.P.(C) 6827/2018 & 7393/2018 Page 2
3. The learned counsel for the petitioners has submitted that the fact that the two petitioners are related to each other as holding company and wholly owned subsidiary company was in full knowledge of the respondent and, therefore, there was no concealment of this fact by the petitioners. He further submits that Section 2 of the Integrity Pact was amended by the respondent vide its circular dated 04.10.2016. The restriction on the holding of the subsidiary company participating in the tender was done away with by such amendment. Therefore, in his submission, the petitioners could not be held to have violated the Integrity Pact merely because of their relationship with each other. He further submits that merely because Mr. Pradeep Bansal has been authorized by both the petitioners for administrative convenience and Mr. Pradeep Bansal in turn authorized Mr. Narendra Sharma to submit the bid on behalf of the petitioner, CJ Darcl, it could not be said that bids have been submitted by the petitioners in collusion with each other.
18. In the present case, the respondent has come to a conclusion that because the bids that were submitted by the petitioners were submitted by Mr. Pradeep Bansal; one under his own signatures for Transrail and the second through his Power of Attorney holder- Mr. Narendra Sharma, for CJ Darcl, the bids were designed and coordinated by the same person thereby violating the provisions of Integrity Pact. The respondent has not invoked the provision as is contained in the amended Integrity Pact for proceeding against the petitioners only because of their relationship as holding and subsidiary company. No fault can be found with the above finding of the respondent.
"10. AND WHEREAS, on enquiry, examination of the case, considering the reply submitted by you and having given an impartial, prudent and careful consideration to the facts, ONGC has come to the W.P.(C) 6827/2018 & 7393/2018 Page 11 conclusion that the person submitting the bids is in effect one and same i.e. Mr. Pradeep Bansal. In Transrail, Mr. Pradeep Bansal submitted the bid himself and in Darcl he indirectly submitted the bid through his Manager. In the given circumstances, there is all possibility that commercial terms/rates submitted by both the bidders were known to each other. Hence, it is concluded that the bids submitted by you is in violation of the provisions of Integrity Pact."