M/S S L Infra Projects (India) v. National Highways and Infrastructure Development Corp Ltd and 2 Ors

ORDER

06.03.2024

¶1Heard Mr. K. Boruah, learned counsel for the petitioner and Mrs. R. Bora, learned counsel appearing for all the respondents.

¶2The learned counsel for the petitioner submits that the petitioner had participated in the NIT dated 23.12.2023 for maintenance of road. The petitioner was found to be the lowest tenderer, after opening the Technical Bids and Financial Bids of the tenderers.

¶3However, the NIT dated 23.12.2023 was cancelled vide Letter dated

17.02.2024, which stated that the bidding process was annulled due to technical reasons and fresh bid shall be re-invited shortly. However, on the same day itself, i.e. 17.02.2024, another NIT was issued, wherein the Technical Bids were to be opened on 28.02.2024.

¶4The petitioner's counsel submits that no clear reasons have been given as to why the earlier tender process had been annulled, except by stating that it was done due to technical reasons.

¶5Ms. R. Bora, learned counsel for the respondents submits that affidavit-in-Page No.# 3/4 opposition has been filed today and the fact that the petitioner had been debarred from participating in any future tenders for 2 years vide Letter dated

20.04.2023, issued by the NHIDCL has been kept hidden from this Court.

¶6The counsel for the petitioner submits that subsequent to the debarment of the petitioner from participating in any tender for 2 years, the petitioner submitted a representation against the same to the concerned authorities. However, the same has not been decided by the authorities till date. He also submits that the petitioner has taken part in the other tender works thereafter.

¶7The Letter "Without Prejudice" No. NHIDCL/RO-Imphal/R&R/I-K/Km

274.610 to Km 297.700/ 2022-23/05 dated 20.04.2023 issued by the DGM(P), RO-Imphal, at para 12, 13 and 14 is to the following effect:- "12. In light of the aforesaid facts and circumstances, the Competent Authority of NHIDCL is of the view that the Contract Agreement with M/s SL Infra Project (India) is hereby terminated with immediate effect in accordance with Clause 53.1 & 53.2 (a) & (I) of Section V of the Contract Agreement Further, the Performance Security and Retention Money submitted by the Contractor shall be encashed in pursuant to Clause 53.3 (a) of the Contract Agreement, and the Contractor shall be debarred for a period of 02 years from participating in future bids of NHIDCL

¶13This termination order is issued without prejudice to any other right or remedy available with the Authority under the Contract Agreement and/or applicable law.

¶14This issues with the approval of the Competent Authority." Page No.# 4/4

¶8On considering the Letter "Without Prejudice" dated 20.04.2023, which shows that the petitioner has been debarred from participating in any future bids of the NHIDCL, this Court is of the view that the petitioner cannot have any enforceable right in this petition to participate in the NIT dated 23.12.2023 unless and until his debarment in terms of the above letter is lifted or set aside by this Court.

¶9Accordingly, in view of the reasons stated above, the writ petition stands dismissed, as no enforceable right of the petitioner has been violated.

¶10Registry to place on record the affidavit filed by the respondent Nos. 1, 2 and 3.

¶11Interim order passed earlier stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010040142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1033/2024o M/SoSoLoINFRAoPROJECTSo(INDIA)o HEADoOFFICEoAToBORORAMPUFoMEHER,oDOLUoBORKHOLA,oSILCHAR,o DISTRICT-oCACHAR,oASSAM,oPIN-o788111,oREPRESENTEDoBYoITSo PROPRIETORoSRIoSANJIBoKUMARoNATH,oAGEo48oYEARS,oSONoOFoSATYAo RANJANoNATH,oRESIDENToOFoMEHERPURoBATTAoROAD,oMEHERPUR,oP.S.o GHUNGOOR,oSILCHAR,oDISTRICT-oCACHAR,oASSAM,oPIN-o788015 VERSUSo NATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENToCORPoLTD ANDo2oORSo REPRESENTEDoBYoTHEoMANAGINGoDIRECTOR,o3RDoFLOOR,oPTIo BUILDING,o4-PARLIAMENToSTREET,oNEWoDELHI-o110001 2:THEoEXECUTIVEoDIRECTORo(ED) oREGIONALoOFFICE o2NDoFLOOR oAGNISHANTIoBUSINESSoPARK oOPPO.oAGPoOFFICE oGNBoROAD oAMBARI oGUWAHATI oPIN-o781001 3:THEoGENERALoMANAGERo(PROJECTS) oNATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENToCORP.o LTD.oREGIONALoOFFICE o2NDoFLOOR oAGNISHANTIoBUSINESSoPARK oOPPO.oAGPoOFFICE oGNBoROAD oAMBARI Page No.# 2/4 GUWAHATI PIN- 78100 Advocate for the Petitioner : MR. T BARUAH Advocate for the Respondent : SC, NHIDC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA