UT Of JK And Ors vs Mohammad Azim Wani And Anr

Rajnesh Oswal, J

01/ With the appearance of Mr. G.R. Tantray, Advocate, caveat as lodged, shall stand discharged.

02/ Heard Learned Counsels for the parties.

03/ The respondents herein filed a suit for declaration on 26th February, 2022 as is evident from the order impugned dated 17th March, 2022. The said suit was filed by the respondents for declaring the rejection of their bid/tender during technical verification by the petitioners on 25th February 2022 as illegal, unjust and unreasonable. Besides the relief of declaration for declaring them as successful bidders, the relief of prohibitory injunction was also sought against the petitioners herein for restraining them from proceeding ahead/finalizing the tendering process and from allotting the contract of outsourcing the entry ticketing system of Tulip Garden, Srinagar, to any other person and further relief of injunction was also sought to command the petitioners to allot the contract of entry ticketing system of Tulip garden in favour the respondents. The written statement was filed by the petitioners, in which a specific plea was taken by the petitioners that they had already issued a letter of acceptance in favour of the highest bidder namely New Kathoo Constructions and Supplies vide letter dated 28th February 2022 for the bid amounting to Rs. 84,14,000+ TCS @ 2% and specific plea was taken that the successful bidder has not been arrayed as party to the suit. Besides certain legal as well as factual objections were also taken by the petitioners in the written statement. Along with the suit filed by the respondents an application was filed for grant of interim relief and learned trial court after hearing both the parties, vide order dated 17thMarch 2022, restrained the petitioners herein from allotting the contract of outsourcing of entry ticketing system of Tulip Garden, Srinagar, in terms of notification dated 31st June 2022, to any other tenderer till the disposal of the suit. This is the order that has been impugned by the petitioners. The dispute pertains to the Tulip Garden, Srinagar, where huge number of tourists visit every year and from the record it transpires that vide order dated 23rd March 2022 the learned trial court has directed that Tehsildar concerned to attach the booth of the sale of tickets and submit its report on or before 25th March 2022.

04/ Prima facie case for indulgence is made out.

05/ Call for the scanned record.

06/ List on 20.04.2022. In the meanwhile, it is provided that as the contract stood already allotted vide allotment letter dated 28th February 2022 and despite having knowledge of the letter of allotment, no effort was made by the respondents to array the successful allottee as party to the present suit and also taking into consideration that in tender matters, courts should be slow to show any indulgence particularly when the public interest is involved, the order impugned passed by the learned trial court is required to be stayed.

07/ As such, till next date of hearing both the orders dated 17.03.2022 and 23.03.2022 passed by the court of Additional District Judge (Bank Cases) Srinagar are stayed.