G L AGARWALLA Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
G L Agarwalla
STATE OF MEGHALAYA
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(1.) THIS instant writ petition is directed against the Short Notice
Inviting Tender dated 12.11.13.
(2.) THE petitioner's case in nut shell is that, "the Petitioner's Firm came across the Short Notice Inviting Tender dated 12.11.13 issued by the
respondent No. 2 as published in one of the Local Dailies for construction
of Inter State Bus Terminus at Mawlai Mawiong, Shillong, Meghalaya under
NEC Programme and was interested in participating in the Tender Process
as it has all the qualifications required for the work in contemplation.
However, on procuring the Detail Tender Notice, the Petitioner's Firm found
that there are some documents required to be produced in one single day
(Detailed Tender Notice circulated on 28th & 29th November, 2013 and the
date of receipt of Bids and opening of Technical Bids fixed on 03.12.13. It is
pertinent to mention that; 30th November and 1st December were closed
being Saturday and Sunday). This is not humanly possible and therefore,
the Petitioner's Firm the Respondent Authorities to extend the time for
receipt of the Bids which was not accepted by the Authorities and it seems
that the Authorities are in a hurry to hand -over the work to a blue eyed
aspiring tenderer who has the knowledge of the requisite documents well in
advance and this is against all norms of tender process, hence this
Mr. D Charkarbarty, the learned counsel appeared for on behalf of the petitioner submitted that, the only limited prayer before this Court is
to direct the Respondent Authorities to extend the time for receiving of Bids
and for opening of Technical Bids since the last date has been fixed on
3.12.13. The learned counsel for the petitioner further contended that on such a short notice, it becomes impossible for the petitioner to produce all
the requisite documents as per the requirement of the Respondent
Authorities though he is a qualified Class -I Registered Contractor/Firm.
(3.) ON the other hand, Mr. KS Kynjing, the learned Advocate General, Government of Meghalaya submitted that before approaching this
Court, the petitioner should have approach the Respondent Authorities for
extension of time. The learned Advocate General further contended that,
the petitioner has got enough time to produce all those documents, so this
instant petition may be dismissed.;
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