GAUTAM BAHRI Vs. PSC ENGINEERS PRIVATE LTD

JUDGEMENT

(1.) THIS Writ Appeal has been filed challenging the legality and validity of the judgment dated 7.7.2000 passed by the learned Single Judge in W.P.(C) No.109 of 2000.

(2.) THE brief facts are as follows: - On 31st March, 1999 a notice was issued in the Statesman regarding Notice Inviting Tender. It was for supply, erection, testing and commissioning of 132/33 KV, IX15 M.V.A. Sub -Station at Purba Kanchanbari in North Tripura District. There were three other works mentioned in the Notice, but we are not concerned with that. In the tender notice it was specifically mentioned that tenders are invited from the eligible enlisted contractors/agencies of appropriate class having experience in similar nature of works in the Department of Power, Tripura or under any State Electricity Department in the adjoining States. It was further stated that the tender form will be sold to those only who have got experience in similar nature of Job. 'Clause 03' of the tender notice provides as follows: -

(3.) THEREAFTER , the tender process was finalised and the present appellant was given the letter of intentment on 7.3.2000. Challenging this, the W.P.(C) No. 109 of 2000 was filed before this court by the present respondent No. 1 and an undertaking was given by the learned Government Advocate that till the matter is finalised no further steps shall be taken in the matter and accordingly, the matter stayed at this stage itself. In that W.P.(C) the present appellant was respondent No. 4. The challenge in the writ application, inter alia, was on the following grounds: -