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

ORDER Date : 04.11.2024 (Vijay Bishnoi, CJ) Heard Mr. M. K. Choudhury, learned senior counsel, assisted by Mr. P. Bharadwaj, learned counsel, appearing on behalf of the appellants. Also heard Mr. R. J. Das, learned counsel, appearing on behalf of the respondents, in both these writ appeals. Page No.# 3/4 By preferring these 2(two) writ appeals i.e. WA No. 310/2024 and WA No. 361/2024; the appellants, herein, have challenged 2(two) separate orders, dated 26.04.2024, passed by the learned Single Judge in WP(c)1581/2024 and WP(c)1582/2024, respectively.

The above-noted writ petitions were filed by the sole respondents, separately, being aggrieved with the action on the part of the appellants in rejecting their bids filed in response to the Notice Inviting Tender(NIT), dated

24.11.2023, for providing trucks for the purpose of transportation of LPG cylinders.

The learned Single Judge after taking into consideration, the pre-qualification criteria mentioned in the Notice Inviting Tender (NIT) documents, has come to the conclusion that a bidder can submit its bid by 3(three) modes for owned/attached trucks:-(1). Self-attested copy of Form 23/23A(RC Book/Smart Card), (2). Invoice accompanied with temporary registration certificates, and (3). Temporary authorization of registration certificate for new trucks. The learned Single Judge has recorded a finding that the respondents, herein, have submitted temporary authorization of registration certificate for a new truck but the appellants have illegally not considered the said document.

Having heard the learned counsels appearing for the parties at length and after taking into consideration, the pre-qualification criteria for the bidders; we are of the considered view that the learned Single Judge has rightly opined that a bidder was supposed to upload either of the 3(three) categories of documents as specified in pre-qualification criteria and the respondents, herein, have submitted the temporary authorization of Page No.# 4/4 registration certificate for a new truck.

In view of the above; we do not find any illegality in the finding of the learned Single Judge that the appellants, herein, have illegally rejected the bid of the respondents in the above-noted writ petitions.

In view of the above discussion; we do not find any merit in these writ appeals and consequently, the same stands dismissed. Interim order(s), if any, stands vacated.

However, it is expected that the appellants, herein, shall carry-out the directions given by the learned Single Judge in the above-referred writ petitions; for consideration of the cases of the respondents, herein, for allotment of transportation of LPG cylinders in terms of the Notice Inviting Tender(NIT), dated 24.11.2023, expeditiously, preferably within a period of 1(one) month from the date of production of a certified copy of this order.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010144812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/361/2024o THEoINDIANoOILoCORPORATIONoLTDoANDo4oORSo REPRESENTEDoBYoMANAGINGoDIRECTOR,oINDIANoOILoBHAVAN,oG9,oALIo YAVARoJUNGoMARG,oBANDRAoEAST,oMUMBAI,oMAHARASTRA-o400051 2:oTHEoCHIEFoGENERALoMANAGERoINDIANoOILoCORPORATIONoLIMITED oMARKETINGoDIVISIONoREGIONALoCONTRACToCELL oEASTERNoREGIONoOFFICEo2oGARIAHAToROADoSOUTHoKOLKATA oWESToBENGAL-o700068 3:oTHEoCHIEFoGENERALoMANAGERoMARKETINGoDIVISION oNORTHoEASToINTEGRATEDoSTATEoOFFICE oINDIANoOILoCORPORATIONoLIMITED o3RDoFLOORoEASToPOINToTOWER oBAMUNIMAIDANoGUWAHATI-o781021 4:oTHEoMANAGERo(LPG-OPS)oIOAODSOoINDIANoOILoCORPORATIONo LIMITEDoINDIANoOILoAODoSTATEoOFFICE oSECTORoIIIoNOONMATIoGUWAHATI-o781020 5:oTHEoTENDERoEVALUATIONoCOMMITTEE oINDIANoOILoCORPORATIONoLIMITED oINDIANoOILoAODoSTATEoOFFICE oSECTORoIIIoNOONMATIoGUWAHATI-o78102o VERSUSo M/SoHELLOoINDANEoGRAMINoVITRAKoBo AoPROPRIETORSHIPoFIRMoHAVINGoITSoREGISTEREDoOFFICEoATo MUKALMUA,oNARAYANPUR,oNALBARI,oASSAM-781126oREPRESENTEDoBYo ITSoPROPRIETORoMR.oMAINAOoALI,oSONoOFoLATEoHASMAToALI. AdvocateoforotheoPetitionerooooo:oMR.oMoKoCHOUDHURY,oMR.oMoSARMA,MRoPoBHARADWAJo AdvocateoforotheoRespondento:o,oMR.oRoJoDASoo Page No.# 2/4 Linked Case : WA/310/2024 THE INDIAN OIL CORPORATION LTD AND 4 ORS REPRESENTED BY MANAGING DIRECTOR INDIAN OIL BHAVAN G9 ALI YAVAR JUNG MARG BANDRA EAST MUMBAI MAHARASTRA- 400051 2: THE CHIEF GENERAL MANAGER INDIAN OIL CORPORATION LIMITED MARKETING DIVISION REGIONAL CONTRACT CELL EASTERN REGION OFFICE 2 GARIAHAT ROAD SOUTH KOLKATA WEST BENGAL- 700068 3: THE CHIEF GENERAL MANAGER MARKETING DIVISION NORTH EAST INTEGRATED STATE OFFICE INDIAN OIL CORPORATION LTD 3RD FLOOR EAST POINT TOWER BAMUNIMAIDAN GUWAHATI- 781021 4: THE MANAGER (LPG-OPS)IOAODSO INDIAN OIL CORPORATION LIMITED INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI- 781020 5: THE TENDER EVALUATION COMMITTEE INDIAN OIL CORPORATION LIMITED INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI- 781020 VERSUS M/S KALAPAHAR INDANE GAS AGENCY A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AT BINOVA NAGAR FATASIL GUWAHATI KAMRUP (M) ASSAM- 781018 REPRESENTED BY ITS PROPRIETOR MR. BIPUL RAJKHOWA AGED ABOUT 54 YEARS SON OF SRI SONORAM RAJKHOWA ------------ Advocate for : MR. M K CHOUDHURY Advocate for : appearing for M/S KALAPAHAR INDANE GAS AGENCY A BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR