RELIANCE CELLULOSE PRODUCTS LIMITED Vs. O N G C
LAWS(GJH)-1988-2-11
HIGH COURT OF GUJARAT
Decided on February 17,1988

RELIANCE CELLULOSE PRODUCTS LTD. Appellant
VERSUS
Chairman, O. N. G. C. And Others Respondents

JUDGEMENT

R.A.MEHTA J. - (1.)Appeals admitted. The learned advocates appearing for the respective parties waive service in all these appeals for the respective respondents.
(2.)The respondent Oil and Natural Gas Commission had invited tenders for supply of Carboxy Methyl Cellulose (CMC). Seven tenders were received from different parties. It appears that the sample of a party viz. Reliance Cellulose was rejected and therefore it had preferred Special Civil Application No. 6192 of 1987 against the authorities of the respondent-Commission. The other bidders were not parties to that petition. After hearing the petitioner and the respondent-Commission it appeared to the learned Judge that there was genuine misunderstanding on the part of the petitioners as to the temperature at which the sample was to be tested. because there was no specific mention about the same in the tender. Therefore the learned Judge observed that without going into the question whether the testing of the sample was correct or not directed the respondent-Corporation to accept the fresh sample from the petitioner and analyse the same according to the test which they have applied in case of other parties. Respondent nos. 6 and 7 were added subsequently. Since one of the tenderers was given an opportunity of submitting a fresh sample for re-testing other tenderers were also directed to be given similar opportunity and those samples were to be tested at 30 C.
(3.)The learned Judge further directed that after the samples are found to be according--to the specifications mentioned in the tender the Commission authorities (respondent nos. 1 to 5) shall fix the date on which all the tenderers will remain present and they will be permitted to bid inter se as regards the price so as to quote prices lower than those quoted in the tender. It is this later direction which has become the subject-matter of rival contentions. Appellant of L. P. A. No. 63 of 1988 and 70 were not before the learned Single Judge. They were not parties to the petition and as they were adversely affected they have filed the aforesaid two appeals after obtaining leave of the Court.
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