PANCHGHATI CONSTRUCTION Vs. DALIP SINGH ADHIKARI

JUDGEMENT

(1.) This review application has been filed to review the judgment, dtd. 22/9/2021, passed by this Court in Special Appeal No. 300 of 2020, Panchghati Construction v. Dalip Singh Adhikari.

(2.) The brief facts of this case, which are necessary to notice for deciding the present review application, are that, by tender notice dtd. 4/12/2019, the Uttarakhand Rural Road Development Agency, the respondent no. 2, had invited bids for construction of motor road (Package No. UT-402) (Upgradation) from Banku to Salla-Pasam, for a length of 13.00 Kms. Pursuant to the tender notice, four bidders had applied for the same. On 28/1/2020, the technical bids of all the four bidders were evaluated by the Technical Committee. While the Technical Committee approved the technical bids of three bidders, namely M/s. Panchaghati Construction (the appellant before this Court), M/s. Dalip Singh Adhikari (the petitioner before the Writ Court), M/s. L.D. Binwal, the Technical Committee rejected the technical bid of A.R. Thermosets Pvt. Ltd.

(3.) M/s. Panchaghati Construction, the respondent No. 5, and the appellant before this Court, filed a complaint on 3/2/2020 against the petitioner M/s. Dalip Singh Adhikari, ostensibly, on the ground that the legal status of the partnership firm of the petitioner was unclear. Immediately, on 4/2/2020, the petitioner, M/s. Dalip Singh Adhikari submitted its objections to the complaint. In its objection, the petitioner admitted that there has been a change in the 3 composition, as the members of the partnership firm had increased. However, the change in the number of partners does not change "the legal status" of the partnership firm.