KODAIK AMERICA Vs. UT OF LADAKH

JUDGEMENT

(1.) With a view to understand the background in the light of which the present controversy has arisen, it is necessary to briefly state the material facts.

(2.) The Superintending Engineer, Mechanical Circle, Ladakh invited bids vide e-NIT No. SEM-L/e-NIT/02 of 2021-22 dtd. 15/7/2021 for Supply, Testing and Commissioning of six 3500 Ton per hour capacity Snow Blower (cutter) mounted on purposed built selfpropelled Carrier Vehicles from eligible bidders. There were six bidders, who participated in the Pre-Bid Meeting held on 21/8/2021 including the petitioner herein. Certain doubts expressed by the participants were said to have been cleared and suitable amendments made in the bidding document. Finally, Corrigendum-IV dtd. 25/8/2021 was issued based upon the suggestions put-forth by the various participants and the last date for submission of bids was fixed on 6/9/2021.

(3.) In the earlier round of litigation, the petitioner filed writ petition bearing WP(C) No. 2120/2021, which was disposed of vide judgment and order dtd. 13/10/2021 in which a coordinate bench of this court directed the respondents to accord consideration to the representation of the petitioner and pass a speaking order thereupon. A speaking order dtd. 29/10/2021 was accordingly passed by the Chief Engineer, Mechanical Engineering Department, Ladakh, Leh, which is impugned in the present petition. In the said speaking order, the official respondents rejected the suggestions made by the petitioner in the representation on the ground that the suggestions so made in the representation and the proposed changes in the technical specifications of the e-NIT were made only to suit the product of the petitioner, which was not possible in terms of financial probity and rules in vogue.