KHAN BULK CARRIER Vs. M/S. HINDUSTAN PETROLEUM

JUDGEMENT

(1.) This intra-Court appeal is directed against the order dtd. 3/4/2023 passed in WPA 25483 of 2022. The appellants filed the writ petition challenging the rejection of tender with respect to supply of tank trucks to the Hindustan Petroleum Corporation Limited (HPCL). The reason for rejection is on the ground that it is in violation of Clause 2(a) of the tender conditions. The appellants' case is that initially the respondent/HPCL alleged that the same tank trucks, which were offered by the appellants to participate in the tender, have been offered in another tender which has been floated by HPCL. It is further submitted that subsequently HPCL took a different stand stating that one Sujan Road Lines had offered the same tank trucks for another tender, which, according to the appellants, is inconsistent stand and the appellants' tender ought not to have been rejected on that ground. The learned Single Bench having found that the same tank trucks cannot be offered for two tenders as it is in violation of Clause 2(a) of the tender notification dismissed the writ petition. Challenging the same the appellants are before us.

(2.) We have elaborately heard the learned advocates for the parties.

(3.) Learned advocate for the appellants has referred to the affidavit-in-opposition filed by HPCL in the writ petition, more particularly, the averments made in paragraph 9 thereof stating that the writ petitioners under the name and style "Sujan Road Lines" have participated in the tender for supply of tank trucks in respect of Mughalsarai tender and the same set of 14 tank trucks were also offered in respect of Mughalsarai tender, which is in clear violation of Clause 3 of the tender conditions of Mughalsarai tender and Clause 2 of the tender conditions of DumDum ATF. Therefore, it is the case of the appellants that HPCL has been taking different stand at different point of time.