High CourtsSingle Bench(2021) 10 J&K CK 0027

M/S Kodiak America vs Union Territory Of Ladakh And Ors

Jammu And Kashmir High Court · Decided on 13 October 2021

HON’BLE JUDGES
Sanjay Dhar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2120 Of 2021, CM No.6923 Of 2021

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Judgment

5 paragraphs · 291 words

Sanjay Dhar, J

1.

Petitioner has challenged e-NIT No.SEM-L/E-NIT/02 of 2021-22 dated 15.07.2021 issued by the Superintending, Engineer Mechanical Circle, Ladakh Head Quarter Kargil, whereby, supply of 3500 ton/HR capacity slow bower/cutter has been sought. It is averred in the petition that the tender was issued with an estimate cost of Rs.2820 lacs and the time of completion of the same was 120 days. It is averred that the conditions pertaining to specification of emission standards were modified/amended on a number of occasions by issuing four corrigenda. It is further contended that the petitioner attended pre-bid meeting and made suggestions on amendments of the bidding documents and also made a written representation on 23.08.2021 through e-mail with an intention to bring those suggestions to the notice of respondent No.4-Chief Engineer, Mechanical Department UT Ladakh Leh.

2.

According to the petitioner no heed has been paid to his representation and suggestions and the respondents have not followed the relevant General Financial Rules.

3.

During the course of hearing learned counsel for the petitioner has submitted that the petitioner would feel satisfied if the respondents are directed to take informed decision on the representation and suggestions made by him before the respondents within a specific time.

4.

Accordingly, the writ petition is disposed of with a direction to the respondents to accord consideration to the representation and suggestions made by the petitioner and pass a speaking order thereon in accordance with rules and regulations governing the field preferably within a period of 15 days from the date a copy of this order is made available by the petitioner to respondents. It is further provided that the petitioner would be at liberty to make a fresh comprehensive representation to the respondents in this regard.