D S TRADING Vs. PADUM GOGOI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.2.2002 passed by the learned Single Judge in Writ Petition (C) No.532 of 2002 filed by the appellant M/s DS Trading challenging the selection of respondent No.4 for allotment of the construction work of the Trade Centre at Suterkandi in the district of Karimganj, Assam in pursuance of the NIT dated December 11, 2001. The learned Single Judge dismissed the writ petition primarily on the following consideration:

(2.) Mr. AM Mazumdar, learned senior counsel assailed the decision making process as malafide and arbitrary. It is pointed out that the respondent No.4 which has been allotted with the contract had not submitted the Sales Tax Certificate contrary to the terms of the NIT and that favour has been shown to him by excluding the electrical works at the time of consideration by the Expert Committee in order to advance his case. Shri Mazumdar, pointed out that the sum total of the rates offered by the parties would show that the appellant had quoted less than the respondent No.4 and the Expert Committee excluded the electrical works to make the rate of respondent No.4 lower than that of the appellant. According to Shri Mazumdar, the rate quoted by the appellant was lower than that of the respondent No.4 and, hence, it was wrong on the part of the authority to enter in negotiation with respondent No.4 alone despite later's tender papers being defective.

(3.) Mr. GN Sahewalla, learned senior counsel for the respondent No.4 in reply submitted that the tender documents submitted by the appellant are also not complete inasmuch as the Sales Tax Assessment Order for the last three years was not submitted. Mr. Sahewalla, learned senior counsel further argued that the terms and conditions in the NIT permits exclusion of any item of work and, in the instant case, the authorities excluded the electric works to be undertaken at a later stage because of high variation in the rates.