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HC disposes of petition challenging contract Widening of Katra-Domail road 10/24/2016 10:20:27 PM Early Times Report Jammu, Oct 24: High court judge Alok Aradhe today disposed of a petition, challenging the allotment of contract for the widening of Katra-Domail road to a party. TBA Infrastructure Pvt Ltd had sought quashment of order passed by respondent No 2, whereby the technical bid of respondent No 5 in respect of NIT No 8 of 2015-2016 had been accepted. The petitioner has also prayed for the allotment of contract to it in terms of NIT and to prohibit respondent No 5 from executing work on widening of Katra-Domail road. Justice Aradhe, after hearing the two sides, observed that from the perusal of clause 4.5.5, it was evident that the applicant should own and should have assured ownership of the equipments in a working order. The executive engineer inspected the site to ensure that the equipments, particulars of which were mentioned by respondent No 5, were in a working condition. He found that the equipments had been taken on rent by respondent No 5 from M/s R A Engineers and Contractors and were in his possession. Accordingly, a recommendation was made to the chief engineer by the executive engineer. Thereafter, on September 19, 2015, order awarding the contract in favour of respondent No 5 was issued as he fulfilled the eligibility criteria and was also the lowest bidder. The court said the object of incorporation of clause 4.5.5 was to ensure that contractor must have the requisite plant or equipments so as to ensure timely completion of contract awarded to him. "Viewed from this angle, the decision of official respondents that respondent No 5 fulfills the eligibility criteria can neither be termed as arbitrary nor irrational," the court observed. The court observed the official respondents' decision as bonafide and in public interest as admittedly respondent No 5 was the lowest bidder and the difference between his bid and that of the petitioner was about 30 lakh. "This Court in exercise of extra ordinary discretionary jurisdiction under Article 226 of the Constitution of India read with section 103 of the state Constitution is not inclined to interfere in the contractual dispute between two tenderers in which no element of public interest is involved," Justice Aradhe said. With these observations, the court dismissed the petition.   Share This News with Your Friends on Social Network     Comment on this Story

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