Vasav Enterprises Private ... vs Damodar Valley Corporation & Anr
2023 Latest Caselaw 4143 Cal

Form No. J.(2)
Supplementary
Item No.1


                 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 APPELLATE SIDE

                              HEARD ON: 06.07.2023
                            DELIVERED ON: 06.07.2023
                                      CORAM:
                THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
                                   AND
            THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA
                                MAT 1257 of 2023
                      Vasav Enterprises Private Limited & Anr.
                                        Vs.
                        Damodar Valley Corporation & Anr.

Appearance:-

Mr. Mainak Bose
Mr. Risabh Karnani
Mr. Anurag Bagaria                        ...........For the Appellants
Mr. Samrat Sen, Sr. Adv.
Mr. Swarajit Dey
Ms. Riddhi Jain
                                      ..........For the respondent No.1/D.V.C.
Mr. Soorjya Ganguli
Ms. Radhika Mishra
                                      ..........For the respondent no.2

                                    JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal by the writ petitioners is directed against the order

dated 5th July, 2023 in W.P.A. 15856 of 2023. The appellants had filed the

said writ petition challenging the rejection of the tender submitted by the

appellants as invited by the 1 st respondent/Corporation. The reason for

rejection being that the Integrity Pact has not been uploaded in full.

2. The learned advocate for the appellants would strenuously contend that it

is not disputed that the Integrity Pact was uploaded but there were two

pages, which were blank and this came to the knowledge of the appellants

only after an e-mail was received from the 1st respondent /Corporation.

3. It is submitted by the learned advocate for the appellants that the earnest

money deposit amount is ready and it is available in the e-wallet of the

appellants. Therefore, it is submitted that the appellants should be

permitted to participate in the tender.

4. After we have heard the learned senior advocate appearing for the 1 st

respondent/Corporation as well as the learned advocate appearing for the

2nd respondent, we find that the documents, which were required to be

uploaded in full were required to be signed by the appellants in all pages

and the said document is an Integrity Pact.

5. In terms of the conditions stipulated in the notice inviting tender, more

particularly under the caption "REQUIREMENTS FOR PARTICIPATION IN

ONLINE E-AUCTION", it has been mandated that scan copy of Integrity

Pact duly signed in all pages by the authorized signatory, who is signing

the Bid as per format enclosed is to be uploaded with qualifying

requirement and the same i.e. original IP must be produced before issuance

of sale release order. The condition further states that Bids without scan

copy of Integrity Pact uploaded in mjunction's portal shall be rejected

outrightly. There is a note, which has been appended below clause - C of

the said condition, which states that the documents mentioned therein in

support of pre-qualification requirement must be uploaded by the bidders

on mjunction's portal on or before the last date of submission of

documents. However, hard copies of the documents will have to be

submitted by the successful buyer/ H1 bidder post e-auction to DVC.

Furthermore, under the general instruction to the bidder, all transactions

entered into by the buyer/ bidder arising out of e-auction shall be governed

by the Integrity Pact as per Annexure - VI of the tender document.

6. Thus, the document, which was required to be uploaded in full was

required to be signed by the intending bidder in all pages and admittedly

the appellants having not complied with the condition, the question of now

interfering with the decision of the 1 st respondent/Corporation or

permitting the appellants to participate in the tender would not arise, more

so, in exercise of powers under Article 226 of the Constitution of India.

7. Therefore, we find no good ground to interfere with the order passed by the

learned Single Bench.

8. Accordingly, the appeal is dismissed.

9. No costs.

10. Urgent Photostat certified copy of this order, if applied for, be furnished to

the parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE

I agree,

(HIRANMAY BHATTACHARYYA, J.)

Pallab/K.S. AR(Ct.)