TAMA FABRICATION Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) These 2(two) intra-Court appeals are preferred against the judgment and order dated 12.06.2019 passed by the learned Single Judge in a writ petition instituted by M/s N.T. Agency as petitioner No.1 and its Power of Attorney Holder as petitioner No.2, who are arrayed as respondent Nos.6 and 7 in Writ Appeal No.174/2019 and respondent Nos.1 and 2 in Writ Appeal No.191/2019. For the sake of convenience, they will be referred to as petitioner during the course of this judgment. The appellant in Writ Appeal No.174/2019, M/s Tama Fabrication, was arrayed as respondent No.6 and will be referred to as the appellant in the course of this judgment in both the appeals, while the appellants in Writ Appeal No.191/2019 shall be referred to as the State respondents.

(2.) Notice Inviting e-tender (for short, "NIT"), on National Competitive Bidding was issued on 12.09.2018 in respect of the work of road from Yoglu to Yapap Geko (Phase-II), Pistana Circle, Lower Subansiri District. The estimated cost as indicated in the Notice Inviting e-tender was projected as Rs. 28,43,32,448/-. Though the technical bid was supposed to be opened on 26.09.2018, due to problem of internet connectivity, by Corrigendum dated 28.09.2018, date of opening of tender was postponed to 03.10.2018 and the venue was also shifted to the Office of the Superintending Engineer, Yachuli Circle. By the order dated 01.11.2018, the technical bid of the appellant and the petitioner was found to be responsive and it was indicated that the financial bids will be opened on 05.11.2018. The financial bid was finally opened on 08.11.2018 after a postponement on 05.11.2018. The bid of the appellant having been found to be financially responsive, letter dated 21.11.2018 conveying approval for acceptance of the work in question was issued.

(3.) By the impugned judgment, the learned Single Judge had set aside the order dated 01.11.2018 issued by the Executive Engineer, Yajali, PWD Division as well as the order dated 21.11.2018 issued by the Chief Engineer (CZ-A), PWD, Government of Arunachal Pradesh.