I S ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, learned senior counsel assisted by Mr. M. Sahewalla, learned counsel appearing for the writ petitioner. Also heard Mr. D. K. Sarmah, learned Standing Counsel, Indian Oil Corporation Ltd., appearing for the respondent Nos. 2 to 7. None has appeared for the respondent No. 1.

(2.) The writ petitioner, M/S I. S. Enterprise is represented by its sole proprietor Smti. Indu Agarwal, who is a woman entrepreneur and her enterprise is also registered with the Ministry of Micro, Small and Medium Enterprises. As per the case projected in the writ petition, the petitioner is engaged in the business of providing vehicle services which includes supplying Tanker Trucks (TT) to the respondent Indian Oil Corporation (AOD). Aggrieved by the order dated 01.08.2019, by means of which, the prayer made by the petitioner seeking extension of time to place the two TTs at the Sarpara Bottling Plant (BP) of the respondents was rejected, the present writ petition has been filed.

(3.) The facts necessary for disposal of this writ petition, shorn off unnecessary details, may be noticed herein below. In response to the e-tender notice published on 21.01.2018 inviting offers/quotations for transportation of bulk LPG by road, the writ petitioner herein had submitted bids in respect of four TTs. Upon consideration of the petitioner's bid, the same were found to be responsive and accordingly, a provisional Letter of Intent (LoI) dated 04.10.2018 was issued by the respondent No.5 whereby, the petitioner was informed that her offer in respect of the four vehicles bearing Registration Nos.AS25CC9625, AS25CC9628, AS25CC9954 and AS25CC9962 have been accepted. In the provisional LoI dated 04.10.2018 it was also mentioned that all the Trucks should report to the respective location of the Corporation within 30 days failing which, the Trucks will be rejected for consideration and the EMD shall be forfeited.