HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Contempt (OWP) No. 80 OF 2007 M/s Jay Kay Electronics Pvt. Ltd Petitioners Shekhar Dutt & ors Respondent !Mr. B. S. Salathia, Advocate ^Mr. P. S. Chandel, CGSC. Hon'ble Mr. Justice J. P. Singh, Judge Date: 31.08.2010 :J U D G M E N T :
Petitioner has moved this Motion seeking initiation of
proceedings in Contempt against the respondents for
disobedience of the interim directions issued on 28.02.2007
whereby until the filing of Objections by the respondents, they
were directed to issue Tender/Quotations to the petitioner as
per the norms/rules.
The petitioners Complaint is that the respondents have
violated the directions of the Court by issuing it only two
Tender documents whereas the respondents had invited 500
Quotations and 80 Tender documents.
The respondents Response to the Complaint indicates
that total 67 number of Tenders and 1061 Quotations had
been asked for the period commencing from May 2007 to
December 2007 and, the petitioner was afforded opportunity
to compete for 6 Tenders with 100 Quotations against which it
had responded only to 2 Tenders although its entitlement
2
under rules was 4.7 Tenders and they had thus not disobeyed
the directions of the Court in any manner whatsoever.
I have considered the submissions of the learned
counsel for the parties in the light of the material placed on
records.
It is true that the respondents had initially taken a wrong
stand to have issued 6 Tenders to the petitioner by registered
post. Their subsequent clarifications, however, indicate that
the Tenders had been issued only under Certificate of Posting
which course was adopted by the respondents in case of all
other Approved Contractors as well.
The respondents have produced the records indicating
dispatch of documents to the petitioner after having obtained
requisite Certificates regarding posting of the documents.
In view of the material placed on the records, I do not
find any evidence to sustain the petitioners Complaint that
the respondents had avoided despatch of documents to it in
terms of the interim directions of the Court.
Thus, finding no merit in the Petition, it is dismissed.
(J.P.Singh)
Judge
JAMMU:
31.08.2010
Pawan Chopra
