AVAN METERS PRIVATE LTD THROUGH ITS AUTHORIZED SIGNATORY SHRI RAJAN KAPOOR Vs. DAKSHIN HARYANA BIJLI VITAN NIGAM LIMITED AND ORS

JUDGEMENT

(1.) This writ petition has been filed challenging the proposed decision of the Respondents to issue LOI and finalize the allotment of work in favor of the Respondents No. 4 and 5 pursuant to the NIT dated 07.07.2010. A further direction to consider the financial bid of the Petitioner pursuant to the aforesaid NIT and for grant of the purchase order to the Petitioner has been prayed for.

(2.) The case has a chequered history and it will be necessary to note, though very briefly, the facts that would be relevant for the present adjudication.

(3.) Pursuant to a NIT dated 11.02.2009 issued by the Dakshin Haryana Bijli Vitran Nigam Ltd. (hereinafter referred to as 'the Nigam') sealed tenders were invited for supply of a specified number of single phase and three phase meters. The Petitioner, who had submitted his tender pursuant to the aforesaid NIT, was favored with the LOI. Requisite bank guarantees were asked for and furnished by the Petitioner. The formal purchase order was, however, not forthcoming. In such a situation and as the Respondents had issued a second NIT on 05.03.2010, allegedly for the supply of the same meters, the Petitioner instituted Civil Writ Petition No. 5640 of 2010 before this Court. The Respondents, in the written statement filed, took the stand that there were some anonymous complaints with regard to the quality of the meters supplied by the Petitioner in the past. Specifically, according to the Respondents, the damage rate of such meters was abnormally high. During the pendency of the aforesaid writ petition, a show cause notice for cancellation of the LOI was issued to the Petitioner on 03.04.2010. The Petitioner submitted its reply denying the allegations leveled. The writ petition was, however, withdrawn by the Petitioner at the said stage.