HILLTOP RUBBERS PVT LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Articles 226/227 of the Constitution of India is for quashing clause at Sr.No.14 in the tender form and to allow the petitioners to participate in the proceedings of the said tender. Further prayer has been made for staying the proceedings of e-tender during the pendency of the petition.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. Petitioner No.1 is a private limited company represented through its Directors i.e. petitioner Nos. 2 and 3. The petitioner company is engaged in the business of manufacturing the retreading rubber material (procured). Respondent No.2 invited e-tenders for purchase of procured tread rubber and allied materials for retreading tyres vide e-tender dated 25.7.2017. The date and time of submission of e-tender on line was fixed for 21.8.2017 at 14.00 hours. On 21.8.2017, respondent No.2 vide corrigendum extended the date of submission of request for proposal response on line to 5.9.2017 which was further extended from time to time upto 22.11.2017. According to the petitioners, the official respondents extended the date with malafide intention to favour one firm namely M/s Global Rubber Polymers and to cause loss and injury to the petitioners. Respondent No.2 illegally issued purchase order dated 25.8.2017 having order value for ' 1,00,82,540.00 to M/s Global Rubber Polymers without following the due process of tender for complete 12 months with the motive to benefit the said firm. The petitioners were shocked and surprised to find on 21.11.2017 that respondent No.2 had uploaded fresh terms and conditions for the said tender which was extended. The said clause reads as under:-

(3.) We have heard learned counsel for the petitioners.