Gauhati High Court
Page No. 1/3 vs North East Frontier Railway And 2 ... on 30 August, 2023
Page No. 1/3
GAHC010193122023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5042/2023
M/S INFOTECH SOLUTION AND ANR
A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT SWAGOTA
ENVISSION, 3RD FLOOR, DIST- KAMRUP (M), ASSAM, BACKSIDE SIX
MILE, G.S ROAD, KHANAPARA, GUWAHATI-02,
REP. BY ONE OF ITS PARTNERS PURANJOY NEOG
2: PURANJOY NEOG
S/O- RAMESWAR NEOG
R/O- H.NO- 62
NAYANTARA BYE- LANE
JANAKPUR PATH
KAHILIPARA
GUWAHATI-19
DIST- KAMRUP (M)
ASSAM
VERSUS
NORTH EAST FRONTIER RAILWAY AND 2 ORS
REP. BY ITS GENERAL MANAGER , MALIGAON, GUWAHATI-11
2:THE SENIOR DIVISIONAL SIGNAL AND TELECOM ENGINEER/GS
N.F RAILWAY
RANGIA
ASSAM
PIN-781354
3:M/S WOOD ENTERPRISE- TINSUKIA
REP. BY ITS PROPRIETOR
GAURAV AGARWAL
HAVING ITS REGISTERED OFFICE AT A.T ROAD
MAKUM JUNCTION
TINSUKIA
ASSAM
PIN-78617
Page No. 2/3
Advocate for the Petitioner : MR. P BHOWMICK
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 30.08.2023
Heard Mr. P. Bhowmick, learned counsel for the petitioners and Mr. B. Chrakraborty,
learned Central Government Counsel [CGC] for the respondent nos. 1 & 2.
2. On 10.04.2023, the respondent N.F. Railway authorities vide E-Tender Notice no. RN-
ST-43-2022-23 dated 10.04.2023 invited E-Tenders for a contract-work : "Provisions of
Display system in connection with station upgradation work at 11 nos. of stations under Amrit
Bharat Station Scheme of Rangiya Division" with a tender value of ₹ 2,01,24,418.38. The date
of closing of E-Tender was 08.05.2023. One of the conditions of eligibility, contained in Clause
10.1[a][iii], as per the bidding documents is that the bidder must have successfully completed
or substantially completed one similar work costing not less than the amount equal to 60% of
the advertised value of the tender.
3. Mr. Bhowmick, learned counsel for the petitioner has submitted that the petitioner had
executed a contract-work : "S&T work for Joint Development of Railway station in association
with Ministry of Tourism [MOT] at Guwahati Station" with a contract value of ₹
2,30,40,166.00. As per the work completion certificate, the payment received by the
petitioner in the years : 2018-2019 and 2019-2020 were ₹ 22,04,424.00 and ₹ 95,65,331.00.
Mr. Bhowmick has further referred to a judgment and decree dated 26.06.2023 passed by the
Court of learned Civil Judge no. 1, Kamrup [Metro] in Money Suit no. 42/2022. The said
money suit was instituted by the petitioner for realisation of a sum of ₹ 1,14,93.371.00. The
suit was decreed in favour for of the petitioner firm as the plaintiff with a decree for
realisation of ₹ 1,12,70,411.00 on the admission of the respondent N.F. Railway authorities
wherein they had admitted the liability to the extent of ₹ 1,12,70,411.00. Mr. Bhowmick has,
Page No. 3/3
thus, contended that if the figures in the completion certificate and the judgment and decree
are added together, the petitioner qualifies under the condition set forth in Clause 10.A[iii] of
the bidding document.
4. Mr. Chakraborty, learned CGC has sought for listing of the case on 08.09.2023 in order
to enable the instructions preferably in written form.
5. Having regard to the projections made on behalf of the petitioner and for the purpose
of balancing the equities, it is provided till 08.09.2023, the status quo, as on date, shall be
maintained in respect of the Contract-Work in question. The order of status quo, passed
today, will be reconsidered for extension or otherwise, on the next date of listing, on the basis
of the instructions to be placed on behalf of the respondent N.F. Railway authorities.
6. List the case on 08.09.2023.
JUDGE
Comparing Assistant
