Gauhati High Court
Page No. 1/4 vs North East Frontier Railway And 2 ... on 8 September, 2023
Page No. 1/4
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. 2/4
Advocate for the Petitioner : MR. P BHOWMICK
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 08.09.2023
Heard Mr. P. Bhowmick, learned counsel for the petitioners and Mr. B. Chakravarty,
learned Central Government Counsel [CGC] for the respondent nos. 1 & 2.
2. The petitioner is challenging the issuance of the Letter of Acceptance [LoA] dated
11.03.2023 issued in favour of the respondent no. 3 for a Contract-Work : "Provision of
Display system in connection with station upgradation work at 11 nos. of stations under Amrit
Bharat Station Scheme of Rangiya Division".
3. 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 the 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] of 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.
4. 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
respectively. Mr. Bhowmick has further referred to a judgment and order dated 12.06.2023
Page No. 3/4
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, thus, contended that if the figures in the completion certificate and the said
judgment and decree are added together, the petitioner qualifies under the condition set forth
in Clause 10.1[a][iii] of the Bidding Document.
5. Mr. Chakravarty, learned CGC who has sought a week's time to obtain instructions on
30.08.2023, has obtained instructions. On the basis of the said instructions so received, he
has submitted the total payment received by the petitioner in respect of another contract-
work executed by it on behalf of the Railway authorities was ₹ 1,17,69,755/-. It is submitted
by him that receipt of such amount by the petitioner on or before the last date of submission
of bid, did not make the eligible under the technical eligibility criteria contained in Clause 10.1
read with Clause 10.4.3 and Clause 10.4.4 of the Bidding Documents as it required a bidder
to receive 60% of the value of the advertised work of ₹ 2,01,24,418.38, which is equal to ₹
1,20,74,651/-. The petitioner has fallen short on that count and as such, the petitioner's bid
was rejected.
6. In response, Mr. Bhowmick has submitted that the petitioner has obtained a judgment
dated 12.06.2022 and a decree dated 20.06.2022 in a money suit, Money Suit no. 42/2022.
The said suit was decreed by the learned Court of Civil Judge no. 1, Kamrup [M], Guwahati,
on admission and, thus, the petitioner is entitled to a further sum of ₹ 1,12,70,411/- along
with 9% interest from the respondent N.F. Railway authorities and passing of the judgment
and decree has made the petitioner eligible for the contract-work in question.
7. The matter would require further examination.
8. Issue notice, returnable on 20.09.2023.
Page No. 4/4
9. As Mr. Chakravarty has appeared and accepted notices on behalf of the respondent
nos. 1 & 2, no formal notices need to be issued in respect of the said respondents. The
learned counsel for the petitioner shall serve an extra copy of the writ petition along with
annexures, to Mr. Chakravarty within 2 [two] working days from today.
10. The petitioner shall take steps for service of notice upon the respondent no. 3 by
registered post with A/D within 2 [two] working days. In addition, the petitioner, as prayed
for, shall have to take steps for service of notice upon the respondent no. 3 by way of dasti,
which is to be routed through the Registry of the Court. After service of notice upon the
respondent no. 3 by way of dasti, the petitioner shall file a compliance affidavit to that effect
on or before 15.09.2023.
11. The respondent authorities shall file their responses in the meantime.
12. The earlier interim order dated 30.08.2023, shall continue till the next date of listing.
JUDGE
Comparing Assistant
