BHARTIA Vs. THE UNION OF INDIA AND 3 ORS.
HIGH COURT OF GAUHATI
The Union Of India And 3 Ors.
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AJIT SINGH,C.J. -
(1.) This intra court appeal is directed against the order dated 31.3.2017 passed by the learned Single Judge of this High Court, whereby he has allowed WP(C) No.7657/2016 of Respondent No.4 -M/s Royal-CPL (JV).
(2.) M/s Allied Infrastructures and Projects Pvt. Ltd., Kolkata has combined with Bhartia Infra Projects Ltd., Guwahati to form a joint venture, namely, Bhartia-Allied (JV), which is the appellant in present appeal. The dispute between the appellant and respondent No.4 is over awarding of contract works by the Railways for design and construction of broad gauge ballastless track. Respondent No.3 - the Chief Engineer - issued a tender notice dated 8.3.2016 inviting sealed tenders from experienced and reputed contractors for design and construction of broad gauge ballastless track including supply of bi-block sleepers and fastening of various tunnels and all other ancillary works in connection with the construction of new broad gauge line from Jiribam to Imphal. The total value of the work mentioned in the tender notice is Rs. 237.70 crore, but the same is divided into four sub-sections. The sub-sectioning has been done essentially with a view to expedite the construction work. The subsections are as follows:-
Tender No. 1(a)-value -73.01 crore-between Dholakhal to Kambiron
Tender No. 1(b)-value-54.12 crore-between Kambiron to Khongsang
Tender No. 1(c)-value-56.32 crore-between Khongsang to Noney
Tender No. 1(d)-value-54.25 crore-between Noney to Tupul
Total value of the contract- 237.70 crore - between Jiribam to Imphal
(3.) The appellant and respondent No.4 along with others submitted their tenders. The constituent partner of the appellant, namely, Bhartia Infra Projects Limited, Guwahati also submitted its tender. Respondent No.4 submitted its tenders for all the four sub-sections i.e. Tender No.1(a) to 1(d); whereas the appellant submitted its tender for only one sub-section i.e. Tender No.1(b). Bhartia Infra Projects Limited, Guwahati in its independent capacity submitted tenders for Tender Nos. 1(a), 1(c) and 1(d).;
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