M/S Ali Brothers and 3 Ors v. The Union of India and 4 Ors

PageoNo.#o1/6 GAHC010187112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2803/2024o InoWAoNo.10413/2024o(FilingoNumber)

1.M/SoALIoBROTHERSoANDo3oORSo AoPARTNERSHIPoFIRM,oOFFICEoAToDELHIoNEARoBONIAoBARIoMOSZID,o SIVASAGAR,o785640oBEINGoREPRESENTEDoBYoITSoPARTNERoMUKHTABURo RAHMAN,oAGEDoABOUTo33oYEARS.oSONoOFoMOTLIBoALI,oRESIDENToOFo DHAILI,oNEARoBONIAoBARIoMOSZID,oSIVASAGAR,oASSAMo785640 2:oM/SoPoANDoGoENTERPRISE oAoPARTNERSHIPoFIRMoHAVINGoITSoOFFICEoAToOLDoAMOLAPATTY oSIVASGARo785640oDISToSIVASAGAR oASSAMoBEINGoREPRESENTEDoBYoITSoPARTNERoGAUTAMoKUMARo PHUKANoAGEDoABOUTo52oYEARS oSONoOFoLATEoAKHILoCHANDRAoPHUKANo RESIDENToOFoOLDoAMOLAPATTYoWARDoNO.o11 oPOoANDoDISToSIVASAGARoASSAM 3:oAMARoKR.oCHOUDHURY oS/OoLATEoCHANDRAoPRASADoCHOUDHURY oPROPRIETORoOFoM.SoAMARoKR.oCHOUDHARY oRESIDENToOFoGAJPURIAoROAD oRAJAoMAIDANoJORHAToASSAMo785001 4:oSAHABUDDINoAHMED oS/OoLATEoRUKUNOTDIN oPROPRIETORoOFoM/SoSHABUDDINoAHMEDoALI oRESIDENToOFoJENGONIKOTIAoTAXoALI oPOoSIVASAGARoDISToSIVASAGARoASSAo VERSUSo

1.THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoPETROLEUMoANDoNATURALoGAS,oNEWoDELHI PageoNo.#o2/6 2:THEoOILoANDoNATURALoGASoCORPORATIONoLTD. oEASTERNoREGIONoREPRESENTEDoBYoTHEoE.D. oASSEToMANAGER oP.O.-oNAZIRAoDISTRICT-oSIVASAGARoASSAM 3:THEoCHIEFoGENERALoMANAGER oHEADoMMoASSAMoASSEToONGCo(L) oNAZIRAoROB-IIoASSAM 4:THEoINDIANoOILoCORPORATIONoLIMITED oREPRESENTEDoBYoTHEoEXECUTIVEoDIRECTOR oAOoAODoINDIANoOILoBHAWAN oSECTOR-IIIoNEARoFLYoOVERoNOONMATI oGUWAHATI-781020 5:MAHMUDoALI oS/O-oHUNNURoALI oR/O-oVILL-oHATIKHUKoP.O.oDHULIAPAR oP.S.oSIVASAGARoDIST.-oSIVASAGAR oASSAMoPIN-o78564o oLinkedoCaseo:oI.A.(Civil)/2804/2024 M/SoALIoBROTHERSoANDo3oORS AoPARTNERSHIPoFIRM oOFFICEoAToDELHIoNEARoBONIAoBARIoMOSZID oSIVASAGAR o785640oBEINGoREPRESENTEDoBYoITSoPARTNERoMUKHTABURoRAHMAN oAGEDoABOUTo33oYEARS.oSONoOFoMOTLIBoALI oRESIDENToOFoDHAILIoNEARoBONIAoBARIoMOSZID oSIVASAGARoASSAMo785640 2:oM/SoPoANDoGoENTERPRISE AoPARTNERSHIPoFIRMoHAVINGoITSoOFFICEoAToOLDoAMOLAPATTY oSIVASGARo785640oDISToSIVASAGAR oASSAMoBEINGoREPRESENTEDoBYoITSoPARTNERoGAUTAMoKUMARo PHUKANoAGEDoABOUTo52oYEARS oSONoOFoLATEoAKHILoCHANDRAoPHUKANo RESIDENToOFoOLDoAMOLAPATTYoWARDoNO.o11 oPOoANDoDISToSIVASAGARoASSAM o3:oAMARoKR.oCHOUDHURY S/OoLATEoCHANDRAoPRASADoCHOUDHURY oPROPRIETORoOFoM.SoAMARoKR.oCHOUDHARY oRESIDENToOFoGAJPURIAoROAD oRAJAoMAIDANoJORHAToASSAMo785001 Page No.# 3/6 4: SAHABUDDIN AHMED S/O LATE RUKUNOTDIN PROPRIETOR OF M/S SHABUDDIN AHMED ALI RESIDENT OF JENGONIKOTIA TAX ALI PO SIVASAGAR DIST SIVASAGAR ASSAM VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS NEW DELHI 2:THE OIL AND NATURAL GAS CORPORATION LTD. EASTERN REGION REPRESENTED BY THE E.D. ASSET MANAGER P.O.- NAZIRA DISTRICT-SIVASAGAR ASSAM 3:THE CHIEF GENERAL MANAGER HEAD MM ASSAM ASSET ONGC (L) NAZIRA ROB-II ASSAM 4:THE INDIAN OIL CORPORATION LIMITED REPRESENTED BY THE EXECUTIVE DIRECTOR AO AOD INDIAN OIL BHAWAN SECTOR-III NEAR FLY OVER NOONMATI GUWAHATI-781020 5:MAHMUD ALI S/O-HUNNUR ALI R/O-VILL-HATIKHUK P.O. DHULIAPAR P.S. SIVASAGAR DIST.- SIVASAGAR ASSAM PIN-785640

For the Applicant(s) : Mr. P. Bora, Senior Advocate assisted by Mr. B. Sharma, Advocate and Mr. M. Hassan, Advocate. For the Respondent(s) : Ms. K. Phukan, Central Government Counsel for respondent No.1.

: Mr. D. Saikia, Senior Advocate assisted by Mr. A. Singh, Advocate for ONGC/respondent Nos.2 and 3. : Mr. M.K. Choudhury, Senior Advocate assisted by Ms. A. Choudhury, Advocate for IOCL/respondent No.4. : Mr. L. Dihingia, Advocate for respondent No.5. Page No.# 4/6 – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

26.09.2024 (Vijay Bishnoi, CJ)

The matters come upon for consideration of the instant Interlocutory Applications [I.A.(Civil) No.2803/2024 and I.A.(Civil) No.2804/2024]. I.A.(Civil) No.2803/2024 is filed by the applicants with a prayer to condone the delay of 47 days in filing the connected writ appeal whereas I.A.(Civil) No.2804/2024 is filed by the applicants seeking leave to file appeal challenging the order dated

20.06.2024 passed by the learned Single Judge in WP(C) No.5870/2023. It is noticed that WP(C) No.5870/2023 was filed by the writ petitioner/respondent No.5 herein challenging the condition of Clause No.C.2 of the e-Tender Notice No.R16KC23003, issued by the respondent Oil and Natural Gas Corporation Limited (hereinafter to be referred as "respondent ONGC"). The learned Single Judge, on 04.10.2023, having heard the learned counsel for the parties, has ordered for listing the case on 06.10.2023 and has further ordered that till 06.10.2023, the respondent IOCL authorities shall not undertake any further process in terms of the price bid opening statement dated 26.09.2023. It appears that on the very same day, on 04.10.2023, the respondent ONGC has issued Notifications of Award to 5(five) bidders including the applicants. The respondent No.5/writ petitioner filed an Interlocutory Application, being I.A. (Civil) No.3252/2023, before the writ court with a prayer to issue direction for cancelling the Notifications of Award dated 04.10.2023 issued by the respondent ONGC to different bidders. It is also to be noticed that in the said Interlocutory Application as well as pending writ petition, the applicants were not impleaded as party respondents and the Page No.# 5/6 situation remained the same till the aforesaid writ petition, WP(C) No.5870/2023 was decided by this Court on 20.06.2024. Mr. P. Bora, learned Senior Counsel appearing for the applicants has submitted that the applicants were amongst the bidders in whose favour the Notifications of Award were issued. However, before cancellation of the whole tender process, no opportunity of hearing was granted to the applicants. It is contended that as a matter of fact, the Notifications of Award in favour of the applicants were issued on

04.10.2023 and pursuant to that, the applicants have already provided the 9 KL Water Tankers to the ONGC and the same are in operation till date. Mr. L. Dihingia, learned counsel appearing for the respondent No.5/writ petitioner has submitted that since the respondent No.5 has challenged the condition of Clause No.C.2 of the NIT in question and has not challenged the Notifications of Award issued in favour of the applicants, the applicants were not made party respondents in the writ petition. Mr. D. Saikia, learned Senior counsel appearing for the respondent ONGC has submitted that the respondent ONGC was not supposed to implead the applicants as party respondents in the aforesaid writ petition and it was the duty of the writ petitioner to implead the applicants as party respondents in the writ petition when the respondent No.5 was having the information regarding issuance of Notifications of Award in favour of the applicants. Heard the learned counsel appearing for the parties. The fact remains that the Notifications of Award were issued in favour of the applicants on 04.10.2023 pursuant to the tender notice issued by the respondent ONGC. The respondent No.5/writ petitioner was aware of the said fact and had also brought the said fact to the notice of the writ court by moving an Interlocutory Application. However, he had not made the applicants as party respondents in the aforesaid writ petition. The learned Single Judge set aside the tender proceedings vide order dated Page No.# 6/6

20.06.2024 without providing any opportunity of hearing to the applicants, in whose favour the Notifications of Award were issued, supposedly because the respondent No.5/writ petitioner and other respondents did not bring the said fact to the notice of the learned Single Judge. In view of the above discussion, we are of the view that I.A. (Civil) No.2803/2024 seeking condonation of the delay of 47 days as well as I.A.(C) No.2804/2024 seeking leave to file an appeal against the order dated 20.06.2024 deserves to be allowed. Hence, the present applications are allowed. Registry is directed to register the connected writ appeal and list the same in the month of November, 2024. All the respondents in the connected writ appeal, which is yet to be registered, are duly represented through their respective counsel; copy of the writ appeal has also been supplied to them. In the facts and circumstances noted above, we deem it appropriate to direct the respondent authorities not to discontinue the Notifications of Award issued in favour of the applicants. However, the respondent ONGC authorities are free to proceed further in pursuance to the fresh tender notice dated 19.08.2024 in respect of the other services except the services already being rendered by the applicants. JUDGE CHIEF JUSTICE

Comparing Assistant