M/S Mars Mountain Secutiry Services Private Limited v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25301 of 2019 ====================================================== M/s Mars Mountain Secutiry Services Private Limited a Company Incorporated Under the Companies Act, 1956 having its Office at 203-Hem Plaza, Frazer Road, Police Station-Kotwali, Town and District-Patna through Its authorised Representative Sri Deo Prakash Singh Male aged about 55 Years Son of Dr. ram Prakash Singh, Resident of 126 B, Buddha Colony, P.S.- Buddha Colony, Town and District-Patna.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary Ministry Shipping Government of India New Delhi.

2.

The Inland Waterways Authority of India through its Chairman having its Headquarters at Noida, Uttar Pradesh.

3.

The Chief Engineer, Unland Waterways Authority of India, Regional Office at Jalmarg path Gaighat, P.O. Gulzarbagh, Patna-800007. 4.

The Bank of Baroda having its Main Branch at Dak Bunglow, Frazer Road, Patna through its Chief Manager.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal For the Respondent/s :

Mr.S. D. Sanjay ( Adsg ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-01-2023 Petitioner has prayed for the following relief (s) :- "(I) For issuance of a writ in the nature of certiorari for quashing part of the information uploaded by the respondent Inland Waterways. Authority of India (hereinafter referred to as the Authority for short) on the official website of the said authority on 20.11.2019 whereby the petitioner has been intimated about rejection of technical bid and declared as technically disqualified without assigning any reason (ii) For issuance of a writ or order or direction in the nature of mandamus commanding the respondent authority to treat the technical bid of the

Patna High Court CWJC No.25301 of 2019(2) dt.03-01-2023 2/2 petitioner as valid and also to open the financial bid of the petitioner for the purpose of consideration for award of tender, (iii) For holding and a declaration that in absence of any response from the ends of the respondent bank as regards the verification of the solvency certificate submitted by the petitioner the respondent authority could not have presumed the invalidity or say falsity of such certificate and could not have held the petitioner disqualified in the technical bid evaluation;

(iv) For holding and a declaration that the issue of confirmation of solvency certificate being not one of the eligibility criteria prescribed in the tender document could not have formed the basis of disqualification of the petitioner in the technical bid evaluation process;

(v) For grant of any other relief(s) to which the petitioner is found entitled to in the facts and circumstances of the present case."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

Present petition stands disposed of as withdrawn. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/ sanjeev/- U