Tapabrata Chakraborty, J. - (1.) The instant writ application has been preferred, inter alia, praying for issuance of necessary direction upon the respondents to allot the work order pertaining to the tender no. WBOP/POL/BULK ATF/SILIGURI/PT-10/2014 for road transportation of bulk petroleum products (ATF) from Siliguri terminal (hereinafter referred to as the said tender) floated by the Indian Oil Corporation Limited (hereinafter referred to as IOCL).
(2.) Responding to a notice inviting tender, the petitioner, a registered partnership firm, submitted tender documents online on 17th November, 2014. The tender was opened on 19th November, 2014 and by an e-mail communication dated 19th November, 2014, the petitioner was intimated that his bid has been admitted and he was asked to get in touch with the Tender Inviting Authority. By a further e-mail communication dated 6th January, 2015, the petitioner was intimated that his tender has been accepted during technical evaluation. The price bid of the tender was opened on 7th January, 2015 and the bidders who had qualified in credential bid evaluation were enumerated in the communication received by the petitioner on 7th January, 2015. Along with the petitioner, five other bidders, being the respondent nos.3, 4, 5 and 6 herein and one M/s Joyguru qualified in the credential bid evaluation. Thereafter, as no Letter of Intent (LOI) was issued in favour of the petitioner, demand notices were issued on 19th January, 2015 and 27th January, 2015 but as the same were not attended to, the petitioner preferred the instant writ application on 30th January, 2015 and initially by an order dated 9th March, 2015 the successful tenderers were directed to be impleaded and thereafter by an order dated 31st March, 2015, this Court directed that since the contract has already been awarded and it is executory, I will only observe that the performance of the contract will abide by the results of this writ. In the alternative the petitioner will be entitled to claim damages for loss of a real chance to be awarded the contract and earn the profits therefrom, in case the petitioner is successful in the writ . Pursuant to the said order dated 31st March, 2015, affidavits were exchanged by the parties.
(3.) Mr. Kar, learned senior counsel appearing for the petitioner submits that in terms of clause IV(9) in Part-A of the tender, it was mandatory for all the participants to have a certificate of registration in terms of the Carriage by Road Act, 2007 (hereinafter referred to as the said Act of 2007) for participation in the tender process. The said clause runs as follows : All transporters to be eligible to quote in tender should have a certificate of registration in line with Carriage by Road Act, 2007, released by Ministry of Law and Justice vide Gazette Notification of India dated 01.10.2007. ;