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Documents citing Sibaram Deka vs The State Of Assam And 7 Ors on 31 May, 2023

M/S Fs And T Electricals vs State Of Mizoram And 3 Ors on 29 May, 2026

Page No.# 18/21 2026:GAU-MZ:245 [25.] As regards the deletion of Clause - 2 (iii) of the Instructions to Tenderers in Section - 1 of the SBD, the learned Advocate General, Mizoram, has submitted that the same was for the purpose of inviting more competition and that advise was given by him in this regard. It may also be seen that grievance in this regard has come from the petitioner only after he participated in the tender process and became unsuccessful. Therefore, the petitioner cannot now turn around at this stage i.e., after he had participated without any protest and claim deletion of the relevant clause to be unfair. The case of Sibaram Deka (supra) relied upon by the learned counsel for the respondent No. 4, only appears to be squarely applicable in this regard.
Gauhati High Court - Aizawl Cites 13 - Cited by 0 - Full Document

M/S Fs And T Electricals vs State Of Mizoram And 3 Ors on 29 May, 2026

Page No.# 18/21 2026:GAU-MZ:245 [25.] As regards the deletion of Clause - 2 (iii) of the Instructions to Tenderers in Section - 1 of the SBD, the learned Advocate General, Mizoram, has submitted that the same was for the purpose of inviting more competition and that advise was given by him in this regard. It may also be seen that grievance in this regard has come from the petitioner only after he participated in the tender process and became unsuccessful. Therefore, the petitioner cannot now turn around at this stage i.e., after he had participated without any protest and claim deletion of the relevant clause to be unfair. The case of Sibaram Deka (supra) relied upon by the learned counsel for the respondent No. 4, only appears to be squarely applicable in this regard.
Gauhati High Court - Aizawl Cites 13 - Cited by 0 - Full Document

Ruhul Amin vs The State Of Assam And 2 Ors on 13 February, 2024

14. In the present case, the petitioner having submitted his tender on the basis of the NIT dated 10.05.2021, without making any challenge to Clause 10 of the NIT, he cannot be allowed to now turn around and make a challenge to the terms and conditions of the NIT, after he was given an opportunity to submit his documents in terms of Clause 10 of the NIT. Further, the petitioner in paragraph-6 of the writ petition has stated that despite his best efforts to arrange the documents in time, he failed to do so. Also, he made a request for some more time to submit the required documents, which was not allowed. However, the petitioner is now making a challenge to the same Clause 10, by which the State respondents and the petitioner were trying to enter into a contract earlier. The same cannot be allowed. This is in line with the decision of the Division Bench in WA No.395/2022 (Sibaram Deka vs. The State of Assam & 7 Others), wherein it has held that when a tenderer participates in a tender process without objection and is subsequently found to be not Page No.# 8/8 successful, a challenge to the process is precluded. Such a tenderer cannot be allowed to turn around and contend that the process was unfair by virtue of existence of a Clause in the NIT.
Gauhati High Court Cites 4 - Cited by 0 - M Zothankhuma - Full Document

M/S Daisy Industries vs The State Of Assam And 5 Ors on 1 April, 2024

6. I have noticed that the petitioner has not made any challenge to the disqualification of his technical bid on being declared non-responsive at the technical bid evaluation stage. The petitioner having participated in the NIT dated 29.07.2023, the petitioner cannot now turn around and challenge the selection process, in terms of the judgment of the Division Bench of this Court in the case of Sibaram Deka vs. The State of Assam & 7 Others Page No.# 4/5 (WA 395/2022), wherein it has held that when a tenderer participates in a tender process without objection and is subsequently found to be not successful, a challenge to the process is precluded. Such a tenderer cannot be allowed to turn around and contend that the process was unfair by virtue of existence of a Clause in the NIT.
Gauhati High Court Cites 4 - Cited by 0 - M Zothankhuma - Full Document

Bacchu Dutta vs The State Of Assam And 5 Ors on 11 June, 2024

In the case of Sibaram Deka vs. The State of Assam & 7 others, WA 395/2022, the Division Bench of this Court has held that when a tenderer participates in a tender process without objection and is subsequently found to be not successful, a challenge to the process is precluded. Such a tenderer cannot be allowed to turn around and contend that the process was unfair by virtue of existence of a clause in the NIT. In the present case, the petitioner while availing of the relaxation of the clause requiring submission of NEC, is now taking an opposite stand, by saying that the clause requiring submission of NEC has to be strictly followed and cannot be deviated from.
Gauhati High Court Cites 2 - Cited by 0 - M Zothankhuma - Full Document

Agarwal vs The Panchayat And Rural Development ... on 5 August, 2024

He also submits that in terms of the judgment of the Division Bench of this Court in the case of Sibaram Deka vs. State of Assam and 7 others in WA 395/2022, wherein it has been held that when a tenderer participates in a tender process without objection and he is subsequently found to be not successful, a challenge to the selection process is precluded. Such a tenderer cannot be allowed to turn around and contend that the process was unfair, by virtue of the existence of a Clause in the NIT. He also submits that the petitioner has not made a challenge to the Bid Evaluation Committee decision dated 26.06.2024, by which the petitioner's bid was declared disqualified.
Gauhati High Court Cites 5 - Cited by 0 - M Zothankhuma - Full Document

Dhireswar Nath vs The State Of Assam And 4 Ors on 1 March, 2024

9. The above being said, the Division Bench of this Court in the case of Sibaram Deka vs. The State of Assam & 7 Others, WA No.395/2022, has held that when a person participates in the tender process and is subsequently found to be unsuccessful, a challenge to the process is precluded. Such a tender cannot turn around and challenge a clause in the tender notice. Further, the petitioner having participated in the tender process, the petitioner Page No.# 5/5 has not been able to show what prejudice has been caused to him.
Gauhati High Court Cites 1 - Cited by 0 - M Zothankhuma - Full Document
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