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| DB restrains ‘Sai Advertising’ to execute right for advertisement JMC area | | Advt tender quote above Rs 90 lakh | | Early Times Reporter
Jammu | June 5
Division Bench of J&K High Court Jammu Wing comprising Justice Virender Singh and Justice JP Singh in a LPA filed by ‘Selvel Media’ challenging allotment of contract for advertisement rights of the extended area of Jammu Municipal Corporation to private respondent ‘Sai Advertising’, issued notice and in the meanwhile restrained the respondent to execute the contract already granted in his favour by the official respondents. It is also made clear that in case the agreement has already been executed in his favour, it shall not be made operational.
In this LPA Sr. Adv UK Jalali assisted by Adv Anil Khajuria appeared and submitted that once the tender from the petitioner was opened on March 11, 2008, the right for consideration had accrued to the petitioner. Dwelling upon this agreement Sr. Adv Jalali submitted that on the fact of it the present case smacks of favoritism shown to private respondent by allotting the contract in question. DB after hearing Sr. Adv UK Jalali observed that Court find substance in the submission advanced by Sr. Adv and issued notice to State of J&K through Commissioner/Secretary Housing & Urban Development, Commissioner JMC, Joint Commissioner JMC, Chief Accounts Officer JMC, Chief Revenue Officer JMC, Secretary JMC and M/S Sai Advertising Trikuta Nagar Jammu.
This LPA was filed against the judgment passed by the Single Judge on April 25, 2008 whereby the petition of the petitioner was dismissed.
In the LPA it was submitted that on the opening the tenders, the BID of the petitioner was found to be highest as Rs 91, 11, 111/- as against the offer made by the private respondent to the extent of Rs 54 Lacs. It was alleged in the appeal that the respondent corporation it appears prompted by the communication issued instead a letter of intent to private respondent asking him to match the highest offer made by the appellant to the tune of RS 91, 11, 111/- and deposit the same within 15 days with the date of issue of letter to unable the JMC to issue formal allotment in his favour. Besides other grounds in the appeal it has been alleged that petitioner had taken specific pleas of malafide and favoritism shown by the Municipal Commissioner as the private respondent was the front man for some political big-wig, whose son was interested in the contract, being silent partner in the firm of the private respondent and seeking setting-aside the judgment of the Single Judge passed on April 25, 2008. JNF |
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