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M/s. Joint Venture, M/s. ACE Infra-tech, Pvt. Ltd, Jammu & Matprop Technical Service, Cochin v/s State of J&K & Others


Company & Directors' Information:- K TECH PRIVATE LIMITED [Active] CIN = U25190TN2012PTC084486

Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- M TECH INDIA PRIVATE LIMITED [Active] CIN = U30007DL1997PTC087580

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- K. TECH (INDIA) LIMITED [Active] CIN = U24222MH2000PLC123695

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- ACE CORPORATION LIMITED [Active] CIN = U51101HR2007PLC036785

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- A K TECH LTD [Active] CIN = U74899DL1986PLC023700

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- Z-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062582

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- A S INFRA-TECH PRIVATE LIMITED [Strike Off] CIN = U45204MH2005PTC154952

Company & Directors' Information:- E-TECH INDIA PRIVATE LIMITED [Active] CIN = U51101MH2013PTC240790

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- B B VENTURE PRIVATE LIMITED [Active] CIN = U52209CT2008PTC020645

Company & Directors' Information:- TECH INDIA LIMITED [Active] CIN = U45201AS1995PLC004380

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- S I TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U32109MH2003PTC140622

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- S C TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U45400HR2015PTC055858

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- TECH INFRA PRIVATE LIMITED [Active] CIN = U45203JK2003PTC002266

Company & Directors' Information:- S A R VENTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC275704

Company & Directors' Information:- S. A. INFRA VENTURE LIMITED [Active] CIN = U74120MH1996PLC098538

Company & Directors' Information:- R AND D TECH PRIVATE LIMITED [Active] CIN = U33112PN2004PTC018927

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- K. V. TECH INDIA PRIVATE LIMITED [Converted to LLP] CIN = U28939MH2008PTC181898

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- J V R INFRA-TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2011PTC073611

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- S K E-TECH PRIVATE LIMITED [Strike Off] CIN = U72900WB2011PTC160500

Company & Directors' Information:- D-TECH INDIA PRIVATE LIMITED [Active] CIN = U72900DL2016PTC304389

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- TECH U TECH PRIVATE LIMITED [Active] CIN = U80903KL2020PTC065058

Company & Directors' Information:- ACE TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U99999MH1996PTC104521

Company & Directors' Information:- ACE-TECH PRIVATE LTD [Strike Off] CIN = U30007TN1992PTC023533

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- V-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127157

Company & Directors' Information:- B & G INFRA TECH PRIVATE LIMITED [Strike Off] CIN = U45200TN2008PTC066468

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- C-TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900DL1995PTC070765

Company & Directors' Information:- T B TECH PRIVATE LIMITED [Strike Off] CIN = U70100DL1986PTC023103

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- ACE (INDIA) PVT LTD [Strike Off] CIN = U74210WB1981PTC034090

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- V TECH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC145814

Company & Directors' Information:- R. S. TECH PRIVATE LIMITED [Active] CIN = U45202MH2010PTC207142

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- B S L INFRA-TECH PRIVATE LIMITED [Active] CIN = U74900DL2011PTC224481

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- N J VENTURE PRIVATE LIMITED [Strike Off] CIN = U70101MH2008PTC186387

Company & Directors' Information:- TECHNICAL INDIA PVT LTD [Strike Off] CIN = U74210WB1950PTC019092

    OWP No. 1034 of 2017 & MP No. 01 of 2017

    Decided On, 21 December 2017

    At, High Court of Jammu and Kashmir

    By, THE HONOURABLE MR. JUSTICE ALOK ARADHE

    For the Petitioner: Sunil Sethi, Sr. Advocate with Ashwani Thakur, Advocate. For the Respondents: Raman Sharma, Dy.AG.



Judgment Text

1. The petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

2. In this petition, the petitioner, inter alia, seeks writ of certiorari for quashment of Notice dated 17.06.2017 issued by respondent No.3 by which e-NIT No.10 of 2015 dated 21.11.2015 has been cancelled. The petitioner also seeks quashment of the decision taken by the Departmental Purchase Committee dated 15.06.2017 as well communication dated 16.06.2017 issued by respondent No.2, on the ground that the same are illegal, arbitrary and unjustified. The petitioner also seeks a direction to the respondents to refer the case of petitioner’s firm before State Level Purchase Committee for financial negotiations and for allotment of the contract.

3. Facts giving rise to the filing of writ petition briefly stated are that in response to e-NIT dated 21.11.2015, petitioner’s firm alongwith four other firms submitted their tenders for allotment of contract in question. The Technical bids of all the five bidders were evaluated by the Departmental Purchase Contract Committee. The Technical bid submitted by the petitioner was found fit. Accordingly, the financial bid of the petitioner alone was opened. Thereafter, the aforesaid Committee in its meeting held on 15.06.2017 came to the conclusion that rate quoted by the single tenderer is on higher side. Accordingly, a decision was taken unanimously to cancel the e-NIT and to issue a fresh tender. In the aforesaid factual background, the petitioner has approached this Court.

4. Learned Senior Counsel for the petitioner submitted that since the contract in question was for Rs.26 crore, therefore, the State Level Purchase Contract Committee alone has the authority to take decision. Decision to rescind the same ought to have taken by the State Level Purchase Contract Committee whereas the same has been taken by Departmental Purchase Contract Committee. It is further submitted that since the period of the validity of the EMD offered by the petitioner, which was extended once by the respondents had expired, therefore, the petitioner had withdrawn the amount deposited by it by submitting an application on 26.10.2017 and the amount was refunded to the petitioner on 28.10.2017. Thus, from the aforesaid conduct of the petitioner, no inference can be drawn that the petitioner had withdrawn its claim with regard to contract in question.

5. On the other hand, learned Dy.AG submitted that the Government Order dated 07.11.2016 has no application to the obtaining factual matrix of the case as the aforesaid Government Order pertains to allotment of the contract and the decision in the instant case has been taken by the Departmental Purchase Contract Committee by which the financial bid of the petitioner has not been accepted on the ground that the same is on the higher side. It is further submitted that from his own showing by the petitioner vide his communication dated 26.10.2017, a copy of which has been placed on record by Dy.AG, it is evident that the validity of the offer submitted by the petitioner had expired, therefore, the petitioner had accepted his payment of the EMD. Thereafter, the petitioner has no right to agitate the issue involved in the petition.

6. I have considered the submissions made by learned counsel for the parties and have perused the record. Admittedly, the e-NIT was issued on 21.11.2015. The petitioner was the only bidder whose technical bid was found to be suitable and conforming to the standards prescribed in the e-NIT. Thereafter, his financial bid was opened. The Committee in this meeting held on 15.06.2017 found that the financial bid of the petitioner is on the higher side. Accordingly, a decision was taken to rescind the e-NIT and to issue a fresh tender. Thus, the decision to rescind the contract has been taken for the valid and cogent reasons by the respondents and not in an arbitrary and unfair manner. It is pertinent here to mention that the writ petition was filed by the petitioner before this Court on 04.07.2017 and during the pendency of the writ petition, the petitioner by a communication dated 26.10.2017 informed the respondents that the validity of the bid submitted by it had expired and, therefore, the amount of EMD be released in his favour. In pursuance of the request made by the petitioner himself, the EMD was released on 28.10.2017 in his favour.

7. Besides that, from close scrutiny of the Government Order No.233-F of 2016 dated 07.11.2016, it is evident that the same pertains to delegation of powers under the Book of Financial Powers for grant of contracts and the power to award the contract has been delegated to the State Level Contract Purchase Committee in case of a contract involving an amount of more than Rs.20 crore. In the instant case, the financial bid of the petitioner was yet to be accepted and the Committee had decided not to accept the financial bid of the petitioner. The respondents have taken a decision to re-tender the contract in

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question for the valid and cogent reasons. The petitioner is estopped by his conduct from contending that the decision to cancel the contract was taken by an incompetent authority. Even otherwise, the aforesaid Government Order dated 07.11.2016 has no application to the fact situation of the case, as the decision to award the contract was yet to be taken in the case of the petitioner. 8. In view of the preceding analysis, I do not find any merit in this petition. Accordingly, the same is dismissed along with connected MP(s), if any.
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