Industrial Systems Llp v. The Indian Oil Corporation Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10575 of 2020 ====================================================== Industrial Systems LLP, a limited liability Partnership having its registered office at 3rd Floor, Kay M Plaja, Near Kar Bhawan, G.S. Road, Ganeshguri, Guwahati, Assam, Pin- 781006, represented through its designated partner Ajay Bhoopal, aged about 44 years, Son of Sant Kumar Bhoopal, resident of House No. 09, Nalini Bala Devi, Serrnagar, Dispur, Kamrup Metro, Dispur, District- Kamrup (M), Assam, Pin- 781005.
... ... Petitioner/s
Versus
1.
The Indian Oil Corporation Ltd. through its Deputy Manager (Materials), IOCL Barauni Oil Refinery, P.O.- Barauni Oil Refinery, P.S.- Barauni, District- Begusarai.
2.
The Deputy Manager (Materials), IOCL Barauni Oil Refinery, P.O.- Barauni Oil Refinery, P.S.- Barauni, District- Begusarai. 3.
The Material Manager, Purchase IOCL Barauni Oil Refinery, P.O.- Barauni Oil Refinery, P.S.- Barauni, District- Begusarai. 4.
Jalgaonkar Industrial (P) Limited, a private Limited Company registered under the companies Act, 1956 having its registered office at Room No. 4, Prakash Niwas Chowk, Umesh Nagar, Dombirli (West), Thana, Maharastra, Pin- 421202.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2021 Petitioner has prayed for the following relief(s):- "(i) To issue an appropriate writ preferably in the nature of certiorari for
Patna High Court CWJC No.10575 of 2020(3) dt.29-11-2021 2/3 setting aside the E-mail Communication dated 31.08.2020 made by the Materials Manager, Purchase, IOCL (Respondent No.
3) to the petitioner by which request made by the petitioner to extend the Reverse auction relating to E-tender No. RBRM20F031 so as to allow the petitioner to participate in the process of Reverse auction has been rejected. (ii) To held and declare the Reverse auction conducted by the IOCL on 28.08.2020 to be invalid on account of the technical fault/glitches which occurred during the said process in the e-tender software of the IOCL preventing the petitioner from quoting its lowest offer;
(iii) To issue an appropriate writ preferably in the nature of mandamus commanding upon the respondent authorities to conduct Reserve auction afresh with regard to E-tender No. RBRM20F031 and Tender ID No. 2020 BR1164491 and (iv) To grant any other relief(s), for which the petitioner may be found entitled to in the facts and circumstances of the case."
On 16.11.2021, we had passed the following order: "Despite repeated calls, none has entered appearance on behalf of the petitioner.
However, in the interest of justice, we adjourn the matter.
List on 23.11.2021 in the category of "Order Matters".
Patna High Court CWJC No.10575 of 2020(3) dt.29-11-2021 3/3 Even today, despite repeated calls and pass over, none appears on behalf of the Petitioner.
As such, the petition is dismissed for default. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/Veena U