Sri Venkeshwara Transport Through Its Proprietor Avinash Kumar v. The Indian Oil Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12563 of 2018 =========================================================== Sri Venkateshwara Transport through its Proprietor Avinash Kumar, Son of Late Paras Nath Sinha, resident of 606, Sector 3, P.O.- Bokaro, District- Bokaro Steel City (Jharkhand).

.... .... Petitioner/s

Versus

1. The Indian Oil Corporation Ltd. through the Executive Director (LPG) Lok Nayak J.P. Bhawan 5th Floor, Patna- 800001.

2. The Plant Manager (LPG), Indian Oil Corporation LPG Bottling Plant at Sherpur P.O. MIC Bela Industrial Estate, District- Muzaffarpur.

3. The General Manager Tender Cell Indian Oil Corporation Ltd Marketing Division, (Regional Contract Cell) Eastern Regional Office Indian Oil Bhawan 9th Floor Central Wing- 2, Gariahat Road (South) Kolkata- 700068.

4. Sri Supratim Chandra, General Manager Tender Cel Indian Oil Corporation Ltd Marketing Division, (Regional Contract Cell) Eastern Regional Office, Indian Oil Bhawan 9th Floor, Central Wing-2, Gariahat Road (South) Kolkata700068.

5. The G.M.I/c. (LPG), Indian Oil Corporation, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar, Adv For the Respondent/s : Mr. Anil Kumar Sinha, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-07-2018 As prayed, learned counsel for the petitioner is permitted to implead the G.M.I/c.(LPG), Indian Oil Corporation Limited, Patna as respondent no. 5 in course of the day. As further prayed, learned counsel for the petitioner is permitted to make correction in the petitioner's name as "Sri Venkateshwara Transport" in place of "Sri Venkeshwara Transport", in course of the day.

2. The present writ petition has been filed for the following

reliefs- (i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities allow the tender bid of the petitioner to be included and considered along with other tenderers which have been submitted in response to tender notice number NIT-RC C/E RO/37/2017-18/PT/161 dated 25.04.2018.

(ii) To direct the respondent authorities to ascertain the genuineness of the certificates of insurance submitted by the bidders in the tender bid as majority of the bidders have submitted forged and fabricated insurance certificate.

(iii) To direct the respondent authorities to decide and dispose of the complaint filed by the petitioner before the respondent authorities complaining against the collusive tender bid vitiating the entire tender process contrary to the set norms of awarding contracts.

3. Learned counsel for the respondents states on instruction that the G.M.I/c.,(LPG), Indian Oil Corporation Limited, Patna (respondent no. 5) is competent to look into the matter and pass appropriate orders for redressal of petitioner's grievance.

4. Learned counsel for the petitioner states that a representation will be filed before the respondent no. 5 latest by 20th of July, 2018. If any such representation is filed, the same shall be considered within a further period of 14 days thereafter, on its own merits and after grant

of opportunity of hearing to the petitioner in accordance with law.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 18.07.2018 Transmission Date NA