M/S Vishnu Prakash Punglia Ltd vs State Of Rajasthan
2022 Latest Caselaw 1561 Raj

(1 of 2) [CW-16362/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16362/2021

M/s Vishnu Prakash Punglia Ltd., Jodhpur And M/s. Patel Engineering Ltd. Mumbai (Joint Venture) Called As Vprpl-Pel Jv, H-1, 1St Floor, Shivalik Complex, Near Gol Building, Sardarpura, Jodhpur Through Its Director Manohar Lal S/o Shri Ramjivan, Aged 48 Years.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Govt. Of Rajasthan, Jodhpur (Raj).

2. The Chief Engineer (Technical) And Tm Rwssmb, Public Health And Engineering Department, Jal Bhawan-2, Civil Line, Jaipur.

3. Additional Chief Engineer, Public Health And Engineering Department Regional Office, Pratap Nagar, Dadabari, Kota (Raj.).

                                                                ----Respondents


For Petitioner(s)         :    Mr. K. K. Shah
For Respondent(s)         :    Mr. Pankaj Sharma, AAG



                        JUSTICE DINESH MEHTA

                                    Order

01/02/2022

1. Mr. Shah, learned counsel for the petitioner, submits that the

matter is squarely covered by the decision dated 28.01.2022

passed by this Court in a bunch of cases led by M/s Shera Ram

Choudhary Vs. State of Rajasthan & Ors : SB Civil Writ Petition

No.9620/2021 in which this Court had held thus :

"30. Consequent to the foregoing discussion, these writ petitions are allowed. The letter of the respondents and corresponding condition in the e-bid document requiring

(2 of 2) [CW-16362/2021]

the petitioners to furnish additional performance security are hereby quashed.

31. The respondents are directed to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security.

2. Mr. Pankaj Sharma, learned Additional Advocate General, is

not in a position to dispute the aforesaid position of facts and law.

3. Indisputably, the NIT in question was issued on 05.04.2021

before the insertion of Rule 75A of the Rajasthan Transparency in

Public Procurement Rules, 2013.

4. In view of the aforesaid and following the judgment aforesaid

in the case of M/s Shera Ram Choudhary (supra), the writ petition

is allowed.

5. The respondents are directed to permit the petitioner to

perform the contract in accordance with law, without insisting

upon additional performance security.

6. The stay application too stands disposed of accordingly.

(DINESH MEHTA),J 91-A.Arora/-

Powered by TCPDF (www.tcpdf.org)