HOTEL JAMMU PREMIER PVT. LTD. Vs. STATE OF J&K
LAWS(J&K)-2020-11-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 02,2020

Hotel Jammu Premier Pvt. Ltd. Appellant
VERSUS
STATE OF JANDK Respondents


Referred Judgements :-

TATA CELLULAR VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

RAJESH BINDAL - (1.)The petitioner had filed the present petition praying for quashing of E-NIT No. 09 of 2019 dated 27.03.2019. Further direction was sought to allot the restaurants intended to be licensed earlier vide E-NIT No. 04 of 2019 dated 25.01.2019, in favour of the petitioner.
(2.)The learned counsel for the petitioner submitted that J&K State Cable Car Corporation Jammu Limited (for short 'the Corporation') issued E- NIT No. 04 of 2019 dated 25.01.2019. It was for grant of license for running the restaurants at three terminals of Jammu Ropeway Project. The license was to be granted for a period of five years. The minimum reserved bid was fixed at Rs. 10.00 lacs. One of the important condition in the tender document was that bidder should be a national level food chain outlet company with a minimum turnover of Rs. 2.5 crores per annum. Balance sheet for the last three years was required to be furnished alongwith the bid. The petitioner, who is a franchisee of the national level food chain, namely 'Sagar Ratna', was one of the bidder. To establish this fact and also to refer to the earlier NITs issued by the Corporation for licensing of the same restaurants, the petitioner referred to a table at page No. 23 of the paper book.
(3.)She further submitted that firstly for the same purpose, E-NIT No. 11 of 2018, dated 09.06.2018, was issued, however, no one qualified. Thereafter in response to E-NIT No. 14 of 2018 dated 13.08.2018 and E-NIT No. 17 of 2018 dated 19.09.2018, no bidder participated. Fourth time, E-NIT No. 21 of 2018 dated 08.12.2018 was issued, wherein only one bidder participated. Thereafter E-NIT No. 04 of 2019 dated 25.01.2019 was issued, in which two bidders participated. They were found to be technically qualified and the financial bids were to be opened. She submitted that the favoritism to allot the aforesaid bid in favour of the respondent No. 5, started much before even the process concluded as the condition No. 4, regarding minimum annual turnover of Rs. 2.5 crores required for the last three years was changed to aggregate turnover of Rs. 2.5 crores in last three years. It was with this change notified by the Corporation on 04.02.2020, that the respondent No. 5 became eligible. To accommodate him even the last date fixed for submission of bids, which was upto 04.02.2019, was also extended. The petitioner was one of the bidder therein.
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