Bharatbhai Mohanlal Bhagat ... vs Oil And Natural Gas Corporation ...
2021 Latest Caselaw 12617 Guj

       C/SCA/4244/2021                               ORDER DATED: 26/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4244 of 2021

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BHARATBHAI MOHANLAL BHAGAT PROPRIETOR OF VANDAN MEDICAL
                     AND PROVISION
                         Versus
        OIL AND NATURAL GAS CORPORATION LIMITED
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Appearance:
MR Y J PATEL(3985) for the Petitioner(s) No. 1
MR DEVANG VYAS, ASG WITH MR RITURAJ M MEENA(3224) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 26/08/2021

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:-

"8(A) Be pleased to issue an appropriate writ, direction or order, quashing and setting aside the [E-Tender No.HZR/PLANT/SUPPORT/MM/2020/723194 (SAP Tender No.8A6PC21001)] process undertaken by the respondent - ONGC as being illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14 & 19 of the Constitution of India;

(B) Be pleased to declare the caluse B.1.2.2 in [E-Tender No.HZR/ PLANT/SUPPORT/MM/2020/723194 (SAP Tender No.8A6PC21001)] as illegal, arbitrary, irrational, unjust and may be pleased to quash the same;

(C) Be pleased to issue an appropriate writ, direction or order directing the respondent - ONGC to issue fresh tenders by appropriately relaxing the clause/ condition amended B.1.2.2 to

C/SCA/4244/2021 ORDER DATED: 26/08/2021

the tender document and by allowing all petitioners to participating [E-Tender No.HZR/PLANT/SUPPORT/MM/2020/723194 (SAP Tender No.8A6PC21001)].

(D) Pending admission and final hearing of the present petition, be pleased to direct the respondent - ONGC not to proceed further with the process of tender [E-Tender No.HZR/PLANT/SUPPORT/MM/2020/723194 (SAP Tender No.8A6PC21001)] in the interest of justice;

(E) An ex-parte ad-interim relief in terms of prayer (D) above may kindly be granted in the interest of justice;

(F) Be pleased to grant such other and further reliefs as may be deemed fit and proper by this Hon'ble Court in the interest of justice;"

2. We have heard Mr. Y.J. Patel, the learned counsel appearing for the writ-applicant and Mr. Devang Vyas, the learned Additional Solicitor General of India assisted by Mr. Rituraj Meena, the learned counsel appearing for the Oil And Natural Gas Corporation Limited.

3. This writ-application stands rejected in view of the judgment and order passed by this Court dated 18 th August 2021 in the Special Civil Application No.11514 of 2021. The writ-applciation is accordingly rejected.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) A. B. VAGHELA