M/S. Shyam Charan Bhoi vs Indian Oil Corporation Ltd
2022 Latest Caselaw 6954 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.2452 of 2022

            M/s. Shyam Charan Bhoi        ....       Petitioner
                             Mr. A.A. Mishra, Proxy Counsel,
                          on behalf of Mr. D. Panda, Advocate
                                         -versus-

            Indian Oil Corporation Ltd.
            & Others                             ....    Opp. Parties
                                             Mr. P.K. Rath, Advocate
                                   with Mr. Adhiraj Behera, Advocate

                         CORAM:
                         JUSTICE JASWANT SINGH
                         JUSTICE M.S. SAHOO

                                         ORDER (Oral)

29.11.2022 Order No. (Hybrid Mode)

07. 1. Indian Oil Corporation Ltd./O.P. No.1 on 20.07.2021 issued a E-tender notice inviting bids for road transportation of petroleum products by bottom loading tank trucks ex-Jharsuguda terminal.

2. By filing the present writ petition, the petitioner, an unsuccessful tenderer has sought the quashing of a Memo dated 22.11.2021 (Annexure-1) rejecting the petitioner's bid during financial evaluation by the duly constituted Committee for non-submission of Smart Cards along with R.C. of the tank trucks. Further prayer is for directing the petitioner's tender to be considered on merits subject to the petitioner meeting the other terms and conditions of the tender notice.

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3. Upon notice, O.Ps. have filed their reply and the pleadings are complete.

4. This Court at the joint request of the learned counsel for the parties during the course of hearing on 01.08.2022 ordered the listing of the present case along with W.P.(C) No.39451 of 2021.

It is a matter of record that the aforesaid W.P.(C) No.39451 of 2021 raising similar pleas as herein already stands dismissed vide a detailed judgment dated 13.09.2022.

5. At the time of resumed hearing today, a Memo has been filed by the learned counsel for the petitioner which reads as under:

"In view of work orders having been issued in the meanwhile this writ petition has been rendered infructuous and may be permitted to be withdrawn with liberty to challenge the work order issued.

In view of the Memo filed, the writ petition is dismissed as withdrawn with liberty to challenge the work orders, if so advised.

(Jaswant Singh) Judge

(M.S. Sahoo) Judge AKK 29th November, 2022 Cuttack