- (1.) Petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to consider it for the tender floated on 03.08.2012 for Road Transport Contract from Gohana to Delhi FCI Godown and not to reject its technical bid on the ground that the firm of the petitioner, which is duly registered with the District Registrar of Firms and Societies, Sonepat, should be registered afresh. The facts in brief are that the petitioner firm was comprising of two partners, namely, Sunil Khasa and Narender Singh. It came into being on 16.06.2005 as partnership at Will in which it was provided that on the death of any of the partners, the business shall not, ipso facto, stands dissolved but shall be continuing by the legal heirs or representatives of the deceased with the surviving party. The firm was duly registered with the Registrar of Firms, Haryana at Serial No. SNP-45 of 2005. It carried on the business of handling the transport of the respondents as well as for other State procuring agencies. Narender Singh, one of the partners of the firm, died on 07.04.2010 and after his death, his legal heirs, namely, his wife and mother, who are Class-I heirs, joined the business and a fresh partnership deed was executed on 08.04.2010. The Registrar of Firms was accordingly informed and subsequently on 02.09.2011, the necessary amendment in Form-A was carried out on addition of Smt. Savita and Smt. Jogindri as partners.
(2.) The respondents floated a tender on 03.08.2012 for Road Transport Contract from Gohana to Delhi FCI Godown. The petitioner Firm applied for the tender which comprises of technical bid and price bid. After qualifying the technical bid, the price bid is to be opened and in case its rates are lowest, then the contract is to be awarded. The petitioner deposited earnest money of Rs. 9,60,000/- with the respondents for total estimated value of the contract of Rs. 4.80 Crores. The petitioner submitted its technical bid as well as the price bid and was apprehensive that its technical bid may not be rejected on account of death of one of its partner.
(3.) At the time of notice of motion, it was ordered that the technical bid of the petitioner shall not be rejected.;