VIKRANT OIL CARRIER Vs. HINDUSTAN PETROLEUM CORPORATION LTD
LAWS(HPH)-2021-1-40
HIGH COURT OF HIMACHAL PRADESH
Decided on January 04,2021

Vikrant Oil Carrier Appellant
VERSUS
HINDUSTAN PETROLEUM CORPORATION LTD Respondents

JUDGEMENT

AJAY MOHAN GOEL,J. - (1.) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- " A writ in the nature of mandamus seeking a direction to comply with the eligibility criterion as prescribed in the tender notice (Annexure P-1), and strictly enforcing the requirement of calibration certificates, which is an essential document in light of the fact that the petitioner has received categorical information on 04.02.2019 under the Right to Information Act (Annexure P-5) that the tank trucks tendered by the private respondents as mentioned in Annexure P-9, have not been issued the calibration certificates on the alleged date of inspection yet they have been selected wrongly. And/or Direct that a proper enquiry be conducted into the matter of validity/ truthfulness of the alleged calibration certificates tendered by the private respondents as tabulated in Annexure P-9, because the same are prima facie invalid in light of the information supplied to the petitioner on 04.02.2019 (Annexure P-5) and hence the said tank trucks deserved to be rejected out rightly since they were open bodied tank trucks which could not have been tendered at all as per the DNIT. And /or Direct that bid/tender of the private respondents be cancelled in view of forged/fictions calibration certificates so provided by them and deviation from the D.N.I.T. is arbitrary, illegal and unfair as held in the case of W.B. S.E.B. V. Patel Engineering Ltd., 2001 2 SCC 451. And/or Direct the official respondents to permit the petitioner to replace two tank trucks of 12 KL with 2 tank trucks of higher capacity as per Clause 5 (Pg. 22 of the Tender Notice), and in reference to the application of the petitioner dated 18.02,.2019 (Annexure P-7). And/or Stay the issuance of any work orders to the tank trucks in question until an enquiry/inspection of the said tank trucks is carried out in accordance with the discipline guidelines, which contemplate/permit an inspection by the Oil Company since the calibration shall surely vary as the figures quoted in the calibration certificates are dummy figures and not actual figures".
(2.) Brief facts necessary for the adjudication of this petition are as under:- Respondent No.1-Corporation invited digitally signed e-tenders for road transportation of bulk white petroleum products w.e.f. 01.10.2018 upto 30.09.2023, vide tender notice (Annexure P-1). This Notice Inviting Tenders was published on 28.07.2018. The scope of work was road transportation of bulk white petroleum products like Motor-Spirit (MS)/High Speed Diesel (HSD)/and Branded Fuels from Nalagarh IRD to locations within the State of Himachal Pradesh and outside the State. The anticipated Volume to be moved for the first 3 years, 4th and 5th years of the contract was as under:- JUDGEMENT_40_LAWS(HPH)1_2021_1.html The estimated tank trucks requirement for first 3 years, 4th & 5th years as mentioned therein was as under:- JUDGEMENT_40_LAWS(HPH)1_2021_2.html Online payment of Earnest Money Deposit (EMD) prescribed in the Notice Inviting Tender was as under:- Description JUDGEMENT_40_LAWS(HPH)1_2021_3.html
(3.) A Note appended under Condition No.1, contained in "Instructions to Tenderer", which can be found at page 33 of the Paper Book, provided as under:- "Note: Tank trucks on Temporary registration means new chassis, with chassis number, engine number, fitted with ABS and with the provision for installing tank of capacity of 18 KL and above at a later date. No open body Truck will be accepted. Tank trucks offered under Temporary Registration to be owned by the bidder". ;


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