OM CONTRUCTION Vs. PATAN NAGAR PALIKA

JUDGEMENT

(1.) The petitioner had awarded contract for operation and maintenance contract for underground drainage lines, for which tenders were invited by Patan Nagarpalika. The petitioner's offer was second lowest. That of the respondent No.2 was the lowest. The case of the petitioner is that respondent No.2 -L1 bidder was not qualified at all since he had not produced the experience certificates along with the tender documents. With these allegations, this petition was filed on 22.11.2015 and taken up for hearing on 27.11.2015. On that day, the Court passed following order: -

(2.) We are informed that despite this order and pendency of the petition, contract is awarded by the Nagarpalika to respondent No.2 on 01.12.2015.

(3.) Having heard learned Counsel for the parties, it emerges an undisputed position that the respondent No.2 had not produced any experience certificates along with the tender. Relevant portion of tender condition No.4.18.1 reads as under: -