RAUSHEENA UDYOG LTD. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Four petitioners have joined together in this writ petition seeking to maintain a challenge against order dated 13th November, 2013 made by the Government of West Bengal cancelling tender dated 21st November, 2012 requiring supply of ready-to-eat rice-based and wheat-based micro nutrient fortified energy dense food for consumption by Below Poverty Line adolescent girls. The four petitioners were found to be technically qualified tenderers by the e-Tender Committee.

(2.) At the outset Mr. Kalyan Bandopadhyay, learned senior advocate appearing on behalf of an applicant who wanted to be added as a party, submitted his client had also bid for the said tender and put in earnest money. Therefore, his client was interested in the tender that stood cancelled and consequentially interested in any proceeding that may affect such cancellation.

(3.) Mr. Aniruddha Chatterjee, learned advocate appearing on behalf of the petitioner opposed the prayer of the applicant. He submitted it would appear from the annexure to the application for addition of party, the applicant therein had accepted the rejection of his bid and was only interested in obtaining refund of earnest money deposited. Hence, according to Mr. Chatterjee, the applicant was neither a necessary nor a proper party in a matter between the petitioners who were successful bidders, in seeking to maintain their challenge against the cancellation of the tender.