SAHAKAR GLOBAL LIMITED & ANR. Vs. BARJORA ALERT COOPERATIVE LABOUR CONTRACT AND CONSTRUCTION SOCIETY LIMITED & ORS. ETC.

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was disqualified in the tender process initiated in respect of a contract for collection of toll for a period of two years. This was on the ground that though mandatorily required under the terms and conditions of the 'Notice Inviting Electronics Bids' ("NIEB" for short) issued, the appellant had not submitted its registered power of attorney. Aggrieved, the appellant moved the High Court by instituting a writ proceeding. The learned single judge of the High court by order dated 28th April, 2017 took the view that though submission of a registered power of attorney by a bidder was mandatory, yet, having regard to the clause in the NIEB which enabled the tendering authority to seek clarifications/ information or additional supporting documents in respect of any matter concerning the tender, the tendering authority should have asked the appellant to submit a registered document in place of the notarized power of attorney which had been submitted along with the appellant's bid. Consequently, the learned single judge of the High Court directed that such an opportunity be given to all concerned who had participated in the tender process.

(3.) The aforesaid order of the learned single judge was challenged in appeal by the present respondent No.1 - Barjora Alert Co-operative Labour and Construction Society Limited, respondent No.4 - Ainul Hoque as well as by the State of West Bengal. The appellate Bench of the High Court set aside the order of the learned single judge and took the view that non-submission of the registered power of attorney was fatal to the bid submitted by a prospective bidder. Aggrieved, these appeals have been filed.