w w w . L a w y e r S e r v i c e s . i n



Mansingh Yadav v/s Chhattisgarh State Civil Supplies Services Corporation Limited Through Its Managing Director, District Raipur Chhattisgarh & Others


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- CHHATTISGARH STATE CIVIL SUPPLIES CORPORATION LIMITED [Active] CIN = U63021CT2001SGC014588

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- W-SUPPLIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24223KA2001PTC028667

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- G B YADAV & COMPANY PVT LTD [Active] CIN = U63090WB1994PTC064888

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- SUPPLIES INDIA PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC080928

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- A AND V SUPPLIES PRIVATE LTD. [Active] CIN = U51909DL1998PTC097457

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    WPC No. 1635 of 2020

    Decided On, 26 August 2020

    At, High Court of Chhattisgarh

    By, THE HONOURABLE CHIEF JUSTICE MR. P.R. RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE PARTH PRATEEM SAHU

    For the Petitioner: Ashutosh Trivedi, Advocate. For the Respondents: R1 & R2, Syed Majid Ali, Advocate, R3, Chandresh Shrivastava, Dy.AG.



Judgment Text


P.R. Ramachandra Menon, C.J.,

1. Rejection of the technical bid by the 1 st Respondent in connection with the tender for transportation of goods, pursuant to Annexure-P/2 notification, made the Petitioner to approach this Court, contending that the same is arbitrary and illegal; insofar as the rate quoted by the Petitioner is far less than the rate quoted by the 4 th Respondent, who is being identified to be awarded the contract.

2. The Respondent-Corporation has filed a reply statement producing copies of the relevant materials, in response to which the Petitioner has filed rejoinder as well, alongwith some additional documents.

3. We heard Shri Ashutosh Trivedi, the learned counsel for the Petitioner, Shri Syed Mazid Ali, the learned standing counsel for the Respondent- Corporation and also Shri Chandresh Shrivastava, the learned counsel appearing on behalf of Respondent/State.

4. The sum and substance of the case projected by the Petitioner is that, pursuant to Annexure-P/2 tender, the bid was submitted by the Petitioner Online, by way of Annexure-P/3. The Respondent- Corporation, considered the bids of the eligible participants on 08.06.2020, as discernible from Annexure-P/1. The Petitioner, on comparing the rates quoted by the parties concerned, as described therein, with the rate quoted by him found that his rate of Rs.269/- in respect of the tender for Akaltara (Base Depo) - Akaltara (Block) Category-A was lower than the rate of Rs.272/- quoted by the 4 th Respondent. In the said circumstance, the Petitioner preferred Annexure-P/5 representation before the Respondent No.1, which however did not evoke any positive response and hence the writ petition, seeking for a direction to the Respondents to consider the rate quoted by the Petitioner and to award the work to the lowest bidder i.e., the Petitioner.

5. The version of the Respondent-Corporation is that, pursuant of Annexure-P/2 tender, various bids came to be submitted including that of the Petitioner and the same was processed and considered by the Tender Evaluation Committee, which is a four member Committee headed by the Collector, Food Officer, District Manager and Senior Accountant; as discernible from Annexure-R/2. The learned counsel for the Respondent-Corporation points out that, as per 'Clause 4.2' of the tender conditions, a bidder who applies for Category-A has to submit details of 5 Heavy Goods Vehicles and has to submit such details as per Appendix-9 with a check list. The Petitioner, who applied under Category-A had not given the full details of the Vehicles in tune with Clause 4.2 and it was the reason for rejection of the bid (for want of the details of one of the 5 Heavy Goods Vehicles). A copy of the portion of the relevant note-sheet dated 27.05.2020, showing the evaluation of the bids submitted by the tenderers, has been produced as Annexure-R/4.

6. The learned counsel for the Respondent-Corporation points out that the Petitioner has taken a 'ground' regarding the relaxation given by the Government of India regarding registration of the vehicle during COVID-19 pandemic, but this is having no relevance at all, insofar as the rejection of the technical bid of the Petitioner is not on account of the registration, but for non-compliance of mandatory provisions under Clause 4.2, casting an obligation on the part of the tender to submit the particulars of the Vehicles as insisted in the tender conditions. It is also pointed out that the rate quoted by the 4th Respondent, who was qualified in all respects, was negotiated further and it has been brought down from Rs.272/- to Rs.269.85; as per Annexure-R/8 proceeding dated 22.06.2020. It was accordingly that, the 4 th Respondent was informed that his offer was accepted and he was required to execute an agreement for execution of work vide Annexure-R/9 dated 23.06.2020. After completion of the necessary process and proceedings, as per Annexure-R/10 order dated 01.07.2020 the 4 th Respondent was directed to commence the work for the year 2020-21.

7. It is brought to the notice of this Court with reference to the tender submitted by the Petitioner, that objection was raised by one of the bidders on 30.05.2020 vide Annexure-R/11, pointing out that the particulars of the vehicles were not properly mentioned by the Petitioner, which was a mandatory requirement under tender conditions. It is also pointed out that the version of the Petitioner that, the representation preferred was left unattended, is not correct and that the same was replied through e-mail, as borne by Annexure-R/12. This being the position, the Petitioner was very much aware of the reason for rejection of his tender for non-submission of the particulars of the Vehicles in conformity with the Clause 4.2 of the tender conditions. The learned counsel further submits that the Petitioner, in view of the turn of events, had submitted Annexure-R/13 application on 10.07.2020 to release his Earnest Money Deposit (EMD) and considering the same, the EMD was released in favour of the Petitioner vide Cheque No. 057710 payable at State Bank of India, Main Branch - Janjgir.

8. The learned counsel for the Petitioner submits, with reference to the rejoinder, that he has produced the particulars of the Vehicles also dealing with the Fitness and the Emission Test; copies of which have been produced as Annexure-P/8 / P/9 and P/10. It is to be noted that the lapse on the part of the Petitioner in submitting the relevant particulars in respect of all the Vehicles in terms of Clause 4.2 of the tender conditions stands substantiated. As the rejection of the bid of the Petitioner is for non satisfaction of the requirements in terms of such clause, the "decision making process" effected by the Respondent-Corporation is perfectly in order and no defect, irregularity or illegality is pointed out and substantiated by the Petitioner to c

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all for interference. Above all, the Petitioner himself has subsequently decided to apply for to return the EMD vide Annexure-R/13 and the same was considered and the EMD was released by the Respondent- Corporation. 9. In the said circumstance, it was never open for the Petitioner to have taken a 'U-turn' and file the writ petition on 10.07.2020, seeking for a direction to consider the rate quoted by the Petitioner and to award the tender to him, more so when there was no EMD to support the tender and further when he was not qualified in terms of the tender notification. We find no merit in the writ petition. It stands dismissed accordingly.
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