Case Note & Summary
The petitioner, M/s. S. Mohan Singh Bhatiya, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, seeking a direction against respondents No. 1 and 2, Rashtriya Chemicals & Fertilizers Limited, to permit it to participate in an eReverse Auction and to consider its tender along with other bidders in accordance with law. The petitioner also sought correction of a typographical error in the court's order regarding the advocate's name, which was granted. Additionally, one Tirath Singh Awatar Singh Bhatiya filed an application under Order 1 Rule 10 CPC seeking to be joined as a party respondent, claiming to be the lowest bidder entitled to the work order which was withheld due to the petition. The court, after hearing counsel for all parties, issued notices on 22.04.2013 and on 26.04.2013 directed the parties to maintain status quo until 06.05.2013. On 10.05.2013, the court clarified that the status quo order enabled the petitioner to raise bills at a rate calculated at Rs.2,50,00,000/- proportionately. The court reserved judgment on 28.06.2013 and pronounced it on 03.07.2013. The judgment primarily deals with interim relief and procedural aspects, with the main issue being the petitioner's right to participate in the tender process.
Headnote
A) Tender Law - eReverse Auction - Participation Rights - Article 226 of Constitution of India - Petitioner sought direction to allow participation in eReverse Auction and consideration of its tender - Court granted interim status quo enabling petitioner to raise bills at proportionate rate - Held that petitioner's right to participate in tender process is subject to compliance with tender conditions and law (Paras 2-3).
Issue of Consideration
Whether the petitioner, a registered partnership firm, is entitled to participate in the eReverse Auction and have its tender considered by the respondents in accordance with law.
Final Decision
The court allowed the petition and directed respondents No. 1 & 2 to permit the petitioner to participate in the eReverse Auction and to consider its tender along with other bidders in accordance with law. The interim order of status quo was continued until final disposal.
Law Points
- Tender law
- Article 226
- eReverse Auction
- status quo
- interim relief
- partnership firm
- writ petition
Case Details
2013 LawText (BOM) (07) 153
WRIT PETITION NO. 2272 OF 2013
B.P. Dharmadhikari, A.S. Chandurkar
Shri R.S. Parsodkar with Shri A.M. Balpande for petitioner, Shri G.G. Modak for respondents No. 1 & 2, Shri Anjan De for respondent No. 3
M/s. S. Mohan Singh Bhatiya, a registered Partnership Firm through its Partner Shri Trilokchan Singh
Rashtriya Chemicals & Fertilizers Limited, eProcurement Technologies Pvt. Ltd.
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Nature of Litigation
Writ petition under Article 226 seeking direction to allow participation in eReverse Auction and consideration of tender.
Remedy Sought
Direction against respondents No. 1 & 2 to permit petitioner to participate in eReverse Auction and consider its tender along with other bidders in accordance with law.
Filing Reason
Petitioner's tender was not being considered by respondents No. 1 & 2.
Previous Decisions
Court issued notices on 22.04.2013, directed status quo on 26.04.2013, and clarified on 10.05.2013 that status quo enabled petitioner to raise bills at proportionate rate.
Issues
Whether the petitioner is entitled to participate in the eReverse Auction and have its tender considered by the respondents.
Submissions/Arguments
Petitioner argued for direction to participate in eReverse Auction and consideration of tender.
Respondents No. 1 & 2 opposed the petition.
Respondent No. 3 (eProcurement Technologies) also opposed.
Ratio Decidendi
The court held that the petitioner, being a registered partnership firm, has a right to participate in the tender process subject to compliance with tender conditions and law. The court exercised its writ jurisdiction under Article 226 to ensure fairness in the tender process.
Judgment Excerpts
By this petition under Article 226 of the Constitution of India, the petitioner, a registered Partnership firm, seeks a direction against Respondents No. 1 & 2 to permit it to participate in eReverse Auction and to consider its tender along with other bidders in accordance with law.
This Court on 22.04.2013 issued notices and on 26.04.2013 after hearing counsel for respondents No. 1 & 2, directed the parties to maintain status quo till 06.05.2013.
Procedural History
Petition filed under Article 226. Notices issued on 22.04.2013. Status quo ordered on 26.04.2013. Clarification on 10.05.2013. Civil applications for correction of advocate's name and for impleadment filed. Judgment reserved on 28.06.2013 and pronounced on 03.07.2013.
Acts & Sections
- Constitution of India: Article 226
- Code of Civil Procedure, 1908 (CPC): Order 1 Rule 10
