JAYSHREE ENTRADE PRIVATE LIMITED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Bhattacharjee, the appellant in person, Mr. N. Upadhayay, learned counsel appearing for the Irrigation Department, Government of Assam as well as Mr. ABT. Haque, learned counsel for the respondent No. 6. The Chief Engineer of Irrigation Department Mr. Prasanta Dutta is also present in the Court as directed by the earlier order dated 25.10.2019.

(2.) The dispute in the appeal concerns a tender issued by the Irrigation Department for supply and installation of certain pumps. In the tender process, the appellant was the L1 bidder and allotment was made in his favour. But there was also a requirement that within ten days of the allotment, the appellant enters into an agreement with the Department. The appellant had failed in entering the agreement within the stipulated period of ten days. In the resultant situation, the allotment made in favour of the appellant was cancelled and in turn the same was allotted to the respondent No.6.

(3.) We have taken a note of that in the tender process, the respondent No. 6 had not submitted the earnest money and strictly speaking from the said point of view, the respondent No.6 would be a non-responsive bidder. But the learned Single Judge while dismissing the writ petition of the appellant vide judgment and order dated 06.03.2019, had not taken into consideration, the said aspect of the matter that the respondent No.6 was a non-responsive bidder. In the resultant situation, the present intra court appeal has been preferred.