- (1.) The Court: It prima facie appears that the respondents are seeking to unduly deny the right of the petitioners to participate in the tender. The learned Counsel appearing for the petitioners has drawn the attention of this Court to Annexure P-7 wherefrom it appears that as late as on 26th September, 2011 the Executive Engineer, Darjeeling issued paper in the name of the company which was since being formed by the partners of the erstwhile partnership, namely Manmatha Nath Kundu & Sons. This is an admitted position that Manmatha Nath Kundu & Sons, as a partnership firm, was an enlisted Class I Contractor with various agencies of the Government and have been participating in engineering works offered on behalf of the Government as and when they became successful tenderer. It further appears that application was also made to the respondent authorities intimating the change of the composition of the partnership firm namely that the said partnership has been converted to a limited company and it prima facie appears that such position was accepted by the Executive Engineer (Roads) Darjeeling Highway Division which is a part of the public works Department of the Government of West Bengal.
(2.) In view thereof, in my view, the petitioners may be allowed to collect the tender papers and submit their offers upon compliance of all the formalities. The respondent authorities are directed to consider all the offers along with the offers that may be submitted by the petitioners but shall not finalize the same till 18th October, 2011.
(3.) Let this matter appear before the vacation Bench on the next available date i.e. on 17th October, 2011. The respondent authorities on the returnable date may be permitted to rely upon such documents and/or records as they may consider necessary for consideration of the matter. I however, make it clear that mere participation in the said tender process would not create any equity in favour of the petitioners and this interim order is passed on the basis that one of the wings of the State had already accepted the status of the petitioner as a limited company.;