M/S Bhogjora Enterprise v. Indian Oil Corporation Ltd and 4 Ors

ORDER

22.03.2024

¶1Heard Mr. B.D. Das, learned Senior Counsel learned counsel for the petitioner, who is assisted by Mr. H.K. Sharma, learned counsel.

¶2The petitioner's case is that pursuant to NIT dated 16.10.2023 for "Hiring & Operation of Customized Ambulance Services at Bongaigaon Refinery Page No.# 3/4 Hospital, the petitioner was the L2 bidder and he was allowed to 2 (two) nos. of Ambulances at the rate of L1 bidder by Notice of Award dated 01.01.2024. Accordingly, the petitioner has deposited Rs. 1,55,844.64 (Rupees One Lakh Fifty-Five Thousand Eight Hundred Forty-Four and Sixty-Four Paise) only and placed orders for 2 (two) nos. of customized model ambulances before Force Motors dealer "Vardhaman Automobiles". Petitioner took loan amounting to Rs. 55,00,000.00 (Rupees Fifty-Five Lakhs) only from SBI. As per the terms of Notice of Award, the vehicle is to be supplied within 2 (two) months from the handing over of the site. As per Clause 14.1 of the Special Conditions of Contract, the petitioner is to provide services of 2 (two) ambulances not older than 2020 model for 2 (two) months and accordingly, the petitioner has been supplying the ambulances of 2021 model and the authorities have also accepted the same till date. As per dealer's letter dated 06.01.2024, minimum delivery time of specific customized model ambulance would be 3 (three) months from the date of booking and accordingly, the vehicles are to reach Guwahati on

25.03.2024. In these circumstances, the petitioner received a letter dated

07.03.2024 from the respondent no. 5 stating that the petitioner had failed to deliver the vehicles within 2 (two) months and same was in violation of Clause

14.1 of Special Condition of Contract.

¶3To the best of the petitioner's knowledge, the L1 has also not delivered any vehicles. The petitioner apprehends that the Notice of Award dated

01.01.2024 may be cancelled by the authorities, without taking into consideration the petitioner's representation dated 17.03.2024, wherein he has apprised that the entire payment has been made to the dealer, by taking a loan amounting to Rs. 55,00,000.00 (Rupees Fifty-Five Lakhs) only. Petitioner prays for consideration of his representation dated 17.03.20234 and to allow him to Page No.# 4/4 deliver the vehicles by 30th of this month, as there is a requirement of registration of the vehicles after reaching Guwahati.

¶4On considering the prayer of the petitioner, this writ petition is disposed of at the Motion stage itself, with a direction to the respondent no.2 to take a decision on the petitioner's representation dated 17.03.2024. A copy of this order and the representation dated 17.03.2024 should be submitted to the respondent no.2 on or before 23.03.2024. No coercive action should be taken, till a decision is taken on the petitioner's representation. The above is however subject to the condition that today's order and the representation are submitted to the respondent no.2 on or before 23.03.2024.

¶5The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010063452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1719/2024o M/SoBHOGJORAoENTERPRISEo AoPROPRIETORSHIPoFIRMo HAVINGoITSoREGISTEREDoOFFICEoATo BISHNUoRABHAoNAGAR,oNOONMATI,o GUWAHATI,oPIN-o781020.o REPRESENTEDoBYoITSoPROPRIETORo SHRIoNIPUoKALITA,o AGEDoABOUTo57oYEARS,o S/O-oLATEoBHABAoKANTAoKALITA,o R/O-oNOONMATI,oB.R.oNAGAR,oGUWAHATI,o P.O.-oNOONMATI,oP.S.-oNOONMATI,o DISTRICT-oKAMRUP(M),oASSAM,o PIN-o781020. VERSUSo INDIANoOILoCORPORATIONoLTDoANDo4oORS.o REPRESENTEDoBYoITSoCHAIRMAN,o SCOPEoCOMPLEX,oCORE-2,o7,o INSTITUTIONALoAREA,oLODHIoROAD,o NEWoDELHI,oPIN-o110003. 2:THEoEXECUTIVEoDIRECTOR oINDIANoOILoCORPORATIONoLIMITED oBONGAIGAONoREFINERY oDHALIGAON o DISTRICT-oCHIRANG oASSAM o PIN-o783385. Page No.# 2/4 3:THE GENERAL MANAGER (CONTRACTS) INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY DHALIGAON DISTRICT- CHIRANG ASSAM PIN- 783385. 4:THE DEPUTY GENERAL MANAGER (CONTRACTS) INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY DHALIGAON DISTRICT- CHIRANG ASSAM PIN- 783385. 5:THE CHIEF MANAGER (HSE AND MED.) EIC INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY DHALIGAON DISTRICT- CHIRANG ASSAM PIN- 783385 Advocate for the Petitioner : MR B D DAS Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA