LAWS(KAR)-2002-1-48

MILLIPORE INDIA PRIVATE LTD Vs. GOVT OF INDIA

Decided On January 29, 2002
MILLIPORE INDIA PRIVATE LTD. Appellant
V/S
GOVT.OF INDIA Respondents

JUDGEMENT

(1.) I. A.-I is allowed. Amendment is permitted.

(2.) THE petitioner in this case is calling in question the order at Annexure "l" dated 15-10-2001 issued by the 2nd respondent. The facts leading to this petition are as under :

(3.) THE respondent No. 2 issued a notification in terms of Annexure "c" calling for International Competitive Bidding for Water Purification System (COT auto, Digestion reactor and Spectrphotometer and Kjeldahl Apparatus ). The petitioner submitted his bid in terms of Annexure "d" The petitioner refers to various conditions in this regard. The petitioner"s tender was submitted on 17-7-2001 for supply of 27 Units of Water Purification System at a total cost of Rs. 88,52,074/ -. The bid form submitted by the petitioner is in tems of Annexure "e". The petitioenr has filed a statement evidencing the comparative bid in terms of Annexure "f". The petitioner is the lowest bidder in respect of Schedule I items and he was not intimated of any order in his favour. It was in those circumstances, the petitioner makes representation seeking for an endorsement in this regard. In the absence of any action on the part of the respondents, the petitioner files this petition seeking for a direction with regard to the communication at Annexure "g" and "h". The petitioner also sought for a declaration that the action of respondents 1 and 2 in not accepting the bid/offer/quotation of the petitioner as illegal and arbitrary in character. Subsequently, during the pendency of the petition, the petitioner received Annexure "l", an endorsement and the same is challenged by way of an amendment of the application. The said amendment is allowed in the light of the amendment. Annexure "l" is also challenged in the petition.