Citation : 2022 Latest Caselaw 3999 Raj
Judgement Date : 14 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4004/2022
M/s. Navbharat Buildcom Ltd., Khasra No. - 300/7, Near Shrenik Marble Makrana Road, Madanganj, Kishanganj, Through Its Director Mahendra Singh S/o Shri Rakesh Singh, Aged 46 Years.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary Water Resources Department, Jaipur (Raj.).
2. The Chief Engineer Cum Additional Secretary, Water Resources Department, Jaipur (Raj.).
3. The Additional Chief Engineer, Water Resources Division, Udaipur (Raj.).
4. Executive Engineer, Water Resources Division I Sagwara, Distt. Dungarpur (Raj.).
----Respondents
For Petitioner(s) : Mr. K.K. Shah
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/03/2022
Learned counsel for the petitioner has submitted that
the E-tender notice involved in the matter was issued on
18.8.2021 whereas the condition of depositing the
additional performance security came into force with the
enactment of Rule 75A in the Rajasthan Transparency in
Public Procurement Rules, 2013 on 22.10.2021.
Learned counsel for the petitioner has further
submitted this Court in SBCWP No.9620/2021 - M/s.
(2 of 2) [CW-4004/2022]
Shera Ram Choudhary Vs. State of Rajasthan & Ors.
decided on 28.1.2022 has already observed that the
State Government can insist for furnishing additional
performance security only for those E-tenders, which
were issued after 22.10.2021 and not prior to that.
Issue notice. Issue notice of stay petition as well,
returnable on 18.4.2022.
In the meantime, the respondents are restrained
from insisting the petitioner to pay the additional
performance security till the next date.
(VIJAY BISHNOI),J 128-msrathore/-
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