Alphageo Offshore Services Private Limited vs Oil And Natural Gas Corporation Limited And Others

Manoj Kumar Tiwari, J

1) By means of this writ petition, petitioner has sought the following reliefs :

“(i) Issue a writ, order or direction to respondent Nos. 1 and 2 to reject the bid submitted by respondent No. 3 for the tender bearing No. GEM/2022/B/2489227 for the work of “Hiring of Services for 3D Seismic Data Acquisition in South Rewa Basin, Madhya Pradesh”.

(ii) Issue a writ, order or direction directing respondent Nos. 1 and 2 to suspend / debar respondent No. 3 from participating in the GeM Portal.

(iii) Issue any writ, order or direction, which this Hon’ble High Court may deem fit and proper, on facts and circumstances of the present case.”

2) In paragraph No. 4 of the rejoinder-affidavit dated 03.10.2023, filed by petitioner in reply to the counter-affidavit of respondent Nos. 1 and 2, the following statement has been made :

“Before giving the para-wise reply, it is necessary to state that the petitioner has filed a Special Civil Application bearing No. 14614 of 2023, Alphageo (India) Ltd. Vs Oil and Natural Gas Corporation Ltd. & others before the Hon’ble High Court of Gujarat, (“Gujarat Application”) with respect to another tender having same cause of action between same parties.”

3) Mr. Gahatori, learned counsel appearing for ONGC submits that a Division Bench of Hon’ble High Court of Gujarat at Ahmedabad had dismissed the Special Civil Application No. 14614 of 2023, vide judgment dated 27.09.2023. He further submits that against the said judgment rendered by the Division Bench of the High Court of Gujarat, petitioner filed Special Leave Petition (Civil) Diary No(s) 40606 of 2023 before the Hon’ble Supreme Court, which too was dismissed, vide order dated 01.10.2024. Thus, he submits that since identical issue has been decided right upto the Supreme Court, therefore present writ petition may also be decided in terms of the judgment rendered by the Division Bench of the High Court of Gujarat, as affirmed by the Hon’ble Supreme Court of India.

4) Since, Division Bench of High Court of Gujarat at Ahmedabad has already answered the issue raised in this writ petition against the petitioner, therefore, we are not persuaded to take a different view in the matter.

5) We, accordingly, dispose of the present writ petition in terms of the judgment dated 27.09.2023, rendered by the Division Bench of High Court of Gujarat at Ahmedabad in Special Civil Application No. 14614 of 2023, 3 Alphageo (India) Ltd. Vs Oil and Natural Gas Corporation Ltd. & others, as affirmed by Hon’ble Supreme Court of India in Special Leave Petition (Civil) Diary No(s). 40606 of 2023, titled as “Alphageo (India) Limited Vs Oil and Natural Gas Corporation Limited & others”, vide order dated 01.10.2024.

6) Pending applications also stand disposed of.