Khan Bulk Carrier & Anr vs M/S. Hindustan Petroleum ...
2023 Latest Caselaw 2255 Cal

03.04.2023
 Ct. 5
 M/L 21
  ab


                                 WPA 25483 of 2022

                          Khan Bulk Carrier & Anr.
                                    -Vs-
              M/s. Hindustan Petroleum Corporation Ltd. & Ors.


             Mr. Ashoke Kr. Gupta,
             Mr. Sailesh Kr. Gupta,
             Mr. Rathin Santra
                                                    ... for the petitioners

             Mr. Biswanath Chatterjee,
             Mr. Sobhan Pathak
                     ... for the respondent nos. 1 to 9/Oil Company

The petitioners are aggrieved by a decision of the

Tendering Authority by which the petitioners' bid was

rejected on the ground of Tender Clause 2(a) of the

Tender Notice. The reason given, as would appear from

the connected documents, is that the petitioners have

offered the same tank trucks at more than one HPCL

location.

Clause 2(a) of Tender Notice issued by the

Hindustan Petroleum Corporation Limited (HPCL) for

reverse auction is as follows:

"2. Submission of Tender;

a) Tenderer should offer separate tank trucks for each location i.e. if the tenderer proposes to apply for more than one location, separate set of tank trucks shall be offered at each location.

Same tank trucks (tender) offered for more than

one location contract will be terminated for all the locations".

The above tender Clause shows that the tenderer

is under an obligation to offer separate set of tank

trucks for each location if the tenderer proposes to

apply for more than one location. The said Clause

further provides that if this Clause is violated, the

contract will be terminated for all the locations.

The affidavit-in-opposition of the Oil Company

encloses a tabulated statement which shows that the

petitioners before this Court offered four tank trucks

which bear identical registration numbers as four Tank

Trucks issued by one Sujan Road Lines for Mughalsarai

Tender. It is clear from the statement that the four tank

trucks issued by the petitioners for Haldia Tender were

the same Tank Trucks which were issued by Sujan

Road Lines for Mughalsarai Tender.

The petitioners do not have any answer to this

tabulated statement except a bare denial in the

affidavit-in-reply filed by the petitioners.

This Court had dismissed two writ petitions on

similar facts by judgment and order dated 2nd March,

2023. The two writ petitions were WPA 24259 of 2022

(M/s. Moumita Logistics & Anr. Vs. Hindustan Petroleum

Corporation Ltd. & Ors.) and WPA 24265 of 2022 (Ajit

Kumar Murmu Vs. Hisdustan Petroleum Corporation Ltd.

& Ors. ).

The tender condition is clear that no tenderer

should offer the same tank trucks for more than one

location and separate set of tank trucks shall be offered

for each location. The statement enclosed with the

affidavit-in-opposition, which the petitioners had full

opportunity to dispute by way of particulars including

by showing that Sujan Road Lines offered separate set

of tank trucks and was not connected with the

petitioners, has not been disputed with compelling

documents in the affidavit-in-reply.

This Court has found no basis to revert from the

reason and the decision in M/s. Moumita Logistics. The

decision shown on behalf of the petitioners namely,

Mohinder Singh Gill and another Vs. The Chief Election

Commissioner, New Delhi and others, AIR 1978 SC 851

on the ground that the statutory authority cannot give

subsequent explanations to improve its case does not

apply to the facts of the present case since the

impugned rejection clearly stated that the petitioners

have violated Clause 2. (a) of the Tender Notice.

This Court hence sees no reason to interfere with

the impugned decision. WPA 25483 of 2022 is

accordingly dismissed without any order as to costs.

( Moushumi Bhattacharya, J.)