C.W.P. No.9370 of 2009 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.9370 of 2009
DATE OF DECISION: 2.7.2009
The Katwara Adarsh Cooperative Labour ..........Petitioner
& Construction Society Ltd. Through its
President Shri Jitender
Versus
State of Haryana & Ors. ..........Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Dr. Pankaj Nanhera, Advocate
for the petitioner.
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ADARSH KUMAR GOEL, J. (Oral)
1. This petition seeks quashing of tender notices Annexure P-3
and P-4.
2. Case of the petitioner is that the petitioner is registered society
and has been enlisted as Class-I contractor for the road works. Earlier
tenders were invited vide notice dated 5.2.2009 and the petitioner gave its
bid which was the lowest. However, no formal intimation was received by
the petitioner. Thereafter, a fresh tender was issued by clubbing five works
for which the petitioner is not eligible. This was done with a malafide
intention to exclude the petitioner from the tendering process.
3. Admittedly the petitioner was never allotted the work. Mere
fact that five works have been clubbed which render the petitioner ineligible
cannot be by itself held to be malafide. It is well settled that terms of tender
C.W.P. No.9370 of 2009 (2)
are not normally open to judicial scrutiny. Reference may be made to
Global Energy Ltd. & Anr. Vs. M/s Adani Exports Ltd. & Ors., AIR 2005
SC 2653.
4. No ground to interfere is made out. The petition is dismissed.
(ADARSH KUMAR GOEL)
JUDGE
July 02, 2009 (DAYA CHAUDHARY)
pooja JUDGE