Bvg India Limited v. Union of India and 5 Ors

O R D E R

08.01.2024 (L.S. Jamir, C.J(Acting)

Heard Mr. S. Sahu, learned counsel for the appellant. Also heard Ms. A. Gayan, learned CGC for the respondent Nos. 1 to 5.

¶2The appellants being aggrieved with the observation made by the learned Page No.# 3/4 Single Judge in its order dated 27.10.2023, in WP(C)/6384/2023 has approached this Court by way of this present application.

Para-5 of the order dated 27.10.2023 reads as under:

"5. Perused the tender documents issued by the respondent AIIMS. The petitioner failed to place any such clause of the tender documents by which the respondent AIIMS was required to disclose the technical score obtained by each of the technically qualified bidders before opening financial bids. The petitioner also could not place the relevant clause of the tender documents by which the marks assigned to each of the technically qualified bidders in the six clauses have to be specified during the declaration of technical and financial bids of the concerned technically qualified bidders. It is seen from the tender documents that 26.06.2023 was the date fixed for pre-bid meeting. But the petitioner could not place before the Court as to whether they enquired from the respondent AIIMS regarding the issues raised by the petitioner in this petition."

¶3Further, the learned Single Judge while declining to pass a stay order has directed that the selection of the respondent No.6 as H1 Bidder pertaining to the e-tender for mechanized and automated cleaning works at AIIMS, Guwahati shall be subject to the outcome of the said writ petition.

¶4It is stated at the bar that the respondent Nos.1 to 5 has already filed counter affidavit in WP(C)/6384/2023 and the private respondent has made appearance.

¶5Considering the order dated 27.10.2023, we see no reason as to why the Page No.# 4/4 same should be interfered with. However, as the respondent Nos.1 to 5 has already filed counter affidavit; the private respondent has made appearance, and the matter involves public interest, we request the learned Single Judge to dispose of the WP(C)/6384/2023 at their earliest.

¶6With the above observations, this writ appeal is disposed of.

JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant

PageoNo.#o1/4 GAHC010267962023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/473/2023o BVGoINDIAoLIMITEDo REPRESENTEDoBYoSRIoPRANAYoKUMAR,oAGEDoABOUTo37oYEARS,oASSTT.o GENERALoMANAGER,oHAVINGoITSoREGISTEREDoOFFICEoATo12143o PRESTIGEoROYALoGARDENS,oAVALAHALLI,oYALAHANKA,oBANGALORE- 560065. VERSUSo UNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoTHEoCHAIRMANoOFo(HEALTHoANDoFAMILYoWELFARE),o NIRMANoBHAWAN,oNEWoDELHI,o110011. 2:ALLoINDIAoINSTITUTESoOFoMEDICALoSCIENCEo(AIIMS) oGUWAHATI oREPRESENTEDoBYoTHEoADMINISTRATIVEoOFFICERoOFoAIIMS oSILBHARALoCHANGSARI oGUWAHATI oASSAM-781101. 3:THEoEXECUTIVEoDIRECTORoOFoAIIMS oGUWAHATI oSILBHARAL oCHANGSARI oGUWAHATI oASSAM-781101. 4:THEoADMINISTRATIVEoOFFICERoOFoAIIMS oSILBHARAL oCHANGSARI oGUWAHATI oASSAM-781101. Page No.# 2/4 5:THE CHAIRMAN PROCUREMENT CELL AIIMS GUWAHATI SILBHARAL CHANGSARI GUWAHATI ASSAM-781101. 6:M/S M.J. SOLANKI 603/A C-BLOCK SARKHEJ-GANDHINAGAR HWY OPPOSITE KARGIL PETROL PUMP AHMEDABAD GUJRAT PIN-380060 Advocate for the Petitioner : MR. A K SAHU Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR HON'BLE MR. JUSTICE KAUSHIK GOSWAMI