EXCEL VENTURE PVT. LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Letters Patent Appeal is preferred against the order dated 13.3.2007 passed in W.P.(C) No.358 of 2007, by which the learned Single Judge dismissed the writ petition holding that there was no arbitrariness in allotting the work in question to the 6th respondent.

(2.) A Tender Notice was issued by the Executive Engineer, R.E.O. Works Division, Jamtara for construction of road from Bariarpur to Karmatar. Pursuant to the said Notice Inviting Tender, the appellant -M/s Excel Venture Pvt. Ltd. and one Ongkar Construction - 6th respondent participated and both of them qualified in their technical bid. Thereafter, the financial bid was opened and they have quoted the same rates. According to the appellant, the Executive Engineer forwarded the same to the Superintending Engineer making note that 6 th respondent has not attached the documents of last five years regarding Civil Engineering construction performed in last five years. According to the appellant, the Superintending Engineer forwarded the notes of the Executive Engineer to the Chief Engineer making recommendation that the work be allotted to the appellant.

(3.) WE have heard the submissions of the learned counsel for the appellant and the learned counsel appearing for the respondents.