M/S Kalapahar Indane Gas Agency v. The Indian Oil Corporation Limited and 4 Ors

ORDER

26.04.2024

¶1Heard Mr. K.N. Choudhury, learned Sr. Counsel for the petitioner assisted by Mr. R.J. Das. Also heard Mr. M.K. Choudhury, learned Sr. Counsel for the IOCL assisted by Mr. P. Baruah.

¶2The petitioner's counsel submits that the petitioner has got one truck bearing registration No. AS 01 RC 1545. The petitioner participated in the NIT dated 24.11.2023. However, vide the tender summary report dated 27.02.2024, wherein the petitioner's name appears at Sl. No. 33, the petitioner's bid was rejected on the ground that the petitioner had not submitted PQC documents related to the offered truck. PQC is the short form for Pre Qualification Criteria and in terms of the PQC provided in the NIT dated 24.11.2023, the truck owner is to upload self attested copy of the RC Book/Smart Card or invoice accompanied with temporary registration certificate /temporary authorization of Page No.# 3/5 registration certificate for the new truck.

¶3Mr. K.N. Choudhury, learned Sr. Counsel for the petitioner submits that the petitioner having submitted the temporary authorization of registration certificate for the new truck bearing registration No. AS 01 RC 1545, the petitioner had fulfilled the requirement of the Pre Qualification Criteria required and as such, the rejection of his bid on the ground that he did not submit the temporary authorization of registration certificate for the new truck was without any basis. He accordingly submits that the rejection of the petitioner's bid should be set aside and the petitioner's bid should be considered along with other valid bidders, pursuant to the work to be provided in terms of the NIT dated 24.11.2023.

¶4Mr. M.K. Choudhury, learned Sr. Counsel for the IOCL, on other hand, submits that the truck owner has to submit an invoice along with the temporary authorization of registration certificate for new trucks. As the petitioner did not submit any invoice along with his temporary authorization of registration certificate, there was no infirmity in the respondents rejecting the petitioner's bid, as the same was not in accordance with the Pre Qualification Criteria required in the NIT dated 24.11.2023.

¶5I have heard the learned counsels for the parties.

¶6The Pre Qualification Criteria for bidders offering trucks provides as follows- "I. Bidders offering ready trucks:

Bidders must submit following documents as minimum pre-qualifying Page No.# 4/5 criteria for this tender. All such documents must be valid as on the closing date of tender:

Sr. No.

Criteria

PQC Document to be uploaded

i. Truck

ownership: Owned /Attached trucks

For owned/ Attached trucks: Self attested copy of Form 23/23A (RC Book/Smart Card) or "Invoice accompanied with temporary registration certificates temporary authorization of registration certificate for new trucks". In addition, for attached trucks, affidavit as per pro-forma is mandatory.

ii Age of offered trucks

Age of the quoted truck shall not exceed the limit as specified in 'NIT' (Notice Inviting Tender) as on the closing date of tender submission from the month & year of manufacturing as mentioned In RC book/ Temporary RC Temporary authorization of RC (in case of new truck).

If last date of bid-submission is extended after publication of tender, vehicles having date of registration up to last date of bid submission (as per original tender document) shall only be eligible for participation."

¶7A perusal of Sl. No. 1 of the above chart shows that for owned/attached truck, the bidder would have to submit self attested copies of the Registration Book or the Smart Card. If the same was not possible, the bidder was to submit an invoice accompanied with temporary authorization of registration certificate for a new truck. A 3rd alternative has been enumerated, wherein it has been stated that temporary authorization of registration certificate for new trucks Page No.# 5/5 should be uploaded. It is clear from the chart shown above that the bids of truck owners would have to have documents as per the 3 alternatives mentioned therein. The 3rd category of documents required of a bidder clearly provides that only a temporary authorization of registration certificate for a new truck can also be considered, even in the absence of an invoice. The document submitted by the petitioner with regard to his new truck, which is reflected in Page 123 of the affidavit-in-opposition filed by the IOCL, shows that the temporary authorization of registration certificate for the truck bearing registration No. AS 01 RC 1545, which was registered on 03.11.2023 was submitted. As the NIT was published on 24.11.2023, it is clear that the petitioner's truck was only 21 days old at the time of the issuance of the NIT. The temporary authorization of registration certificate for the new truck having clearly been submitted by the petitioner, this Court is of the view that the rejection of the petitioner's bid by the respondent authorities was not in consonance with the Pre Qualification Criteria provided in the NIT. In that view of the matter, the rejection of the petitioner's bid in Sl. No. 33 of the tender summary report dated 27.02.04 is not sustainable and the same is accordingly set aside. The respondents are accordingly directed to consider the case of the petitioner for allotment of transportation of Indane LPG cylinders in terms of the NIT dated 24.11.2023.

¶8The writ petition is accordingly allowed and disposed of.

JUDGE Comparing Assistant

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