LADAKH ROAD LINES Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-87
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 30,2020

Ladakh Road Lines Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

M/S SOUTH EAST ASIA SHIPPING CO. VS. M/S NAV BHARAT ENTERPRISES PVT. LTD [REFERRED TO]
BHARAT INSURANCE COMPANY VS. WASUDEO RAMCHANDRA [REFERRED TO]
FOOD CORPORATION OF INDIA VS. EVDOMEN CORPORATION [REFERRED TO]
KAMLA CHOPRA VS. L I C [REFERRED TO]
NEDUNGADI BANK LTD VS. CENTRAL BANK OF INDIA LTD [REFERRED TO]
SURINDER KUMAR ARORA VS. BENGAL NATIONAL TEXTILE MILLS LTD [REFERRED TO]


JUDGEMENT

SANJAY DHAR - (1.)The appellant abovenamed has filed the instant petition under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") against the judgment and order dated 09.11.2020 passed by the learned Commercial Court (Additional District Judge), Jammu hereinafter referred to as the "Commercial Court") whereby the petition of the appellant/petitioner filed under Section 9 of the Act has been dismissed.
(2.)Briefly stated, the facts giving rise to filing of this appeal are that on 21.08.2020, Jammu and Kashmir Road Transport Corporation (hereinafter referred to as the "JKRTC") through its Managing Director invited e-tender vide its Notice No. JKRTC/GML/CHT/2020- 22/KMR/359 for supply of Trucks (HCVs/LCVs) for various Stations of Kashmir province, for two years viz. for the years 2020-2022. The bidding process was through online mode and the technical bids were to be opened on 09.09.2020 at 2:00 p.m. Certain conditions with regard to eligibility were prescribed in the tender notice and the bidders were required to upload the requisite documents along with their offers. It appears that the appellant/petitioner as well as respondent No.9 herein responded to the aforesaid tender notice and submitted their offers online. JKRTC, after finding that the appellant/petitioner as well as respondent No.9 have qualified the technical bid, opened the financial bid, whereafter contract in respect of Clusters bearing Code K-1 to K4 was allotted in favour of respondent No.9, whereas contract in respect of Clusters bearing Code K-5 and K-6 was allotted to New J&K Roadways, Srinagar. Allotment of contract in respect of Cluster K-7 was made in favour of appellant/petitioner.
(3.)According to the appellant/petitioner, respondent No.9 was not eligible to participate in the bidding process as it was not a registered transport firm. It is averred that respondent No.9 had not uploaded the requisite documents along with its offer. On this ground, it is urged that allotment of contract in favour of respondent No.9 is not in accordance with law. It is pertinent to mention here that the tender document contains an arbitration clause which reads as under:
"Any dispute arising between the Corporation and any tenderer in respect of the tender or process undertaken therein shall be referred to Arbitrator under the provisions of J&K Arbitration and Conciliation Act, to the arbitration of Administrative Department".

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