BYAS INFRABUILD PVT. LTD. Vs. STATE OF H. P.
LAWS(HPH)-2021-3-23
HIGH COURT OF HIMACHAL PRADESH
Decided on March 05,2021

Byas Infrabuild Pvt. Ltd. Appellant
VERSUS
STATE OF H. P. Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) Heard. Despite the petitioner being declared as L-1, the respondents declined to accept its offer, to secure, the awarded works, on the ground, that the per centum of service charges, as quoted by the afore successful bidder, were proportionately, higher than the one(s), as, became quoted for the afore purpose, by, the awardees, vis-a-vis, alike works, and, appertaining to other CHC(s) concerned, falling within the State of Himachal Pradesh. A perusal of the relevant records, as, placed on record by the learned Additional Advocate General, discloses, that the service charges, as, quoted by the successful bidders, at other CHC(s), and, who were awarded works, alike the ones, canvassed by the petitioner, were upto 13.28%. Hence, consequently, when the learned counsel appearing for the petitioner, states at the bar, that she has instructions to offer 10.11%, as, service charges, for the advertised works, if they become awarded to the petitioner, thereupon, since, service charges, even upto a per centum alike therewith, and, also even upto 13.11 per centum became accepted by the respondents, hence, parity of treatment is to be afforded to the petitioner rather along with the afore successful bidders.
(2.) Moreover, also when the respondents, in order to ensure, the making, of, rebidding process, shall become unnecessarily entailed with the necessity of theirs re-expending apposite therewith expenses, hence, the respondents are directed to accept the afore made submission at the bar, by the counsel for petitioner, on instructions meted to her, by the petitioner, and, further they are directed, to, award the advertised works to the petitioner. However, it is made clear that the writ petitioner, shall ensure, that the afore submission, as, made on his/its behalf, by its counsel, becomes meted completest compliance by it throughout the tenure of contract, as, becomes awarded to it. Lastly, the respondents are also directed to ensure that the advertised works are awarded to the petitioner hence within one week from today. With the afore observations, the extant writ petition stands disposed of. All pending applications also stand disposed of. Copy dasti. ;


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