Bag Poly International Pvt. Ltd. v. Union Of India & ORS.
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14156/2024 BAG POLY INTERNATIONAL PVT. LTD.
.....Petitioner Through:
Mr. Jitender Chaudhary, Ms. Aditi Singh and Ms. Akansha Bhatia, Advocates.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Om Prakash and Mr. Pankaj Kumar, Advocates for R-2 to 4 with Mr. Adarsh Gupta, MG and Mr. S.
Vijay Kumar, DGM.
Mr. Anil Kumar Saxena, SPC with Mr. Rajendra Rawat, GP for R-1.
Mr. Anurag Ahluwalia, CGSC with Mr. Tarveen Singh Nanda, Govt.
Pleader for Respondents, UOI.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 28.11.2024 CM APPL. 69608/2024 (for early hearing) 1.
For the grounds and reasons stated in the application, the same is allowed and with the consent of the counsels, the main petition is taken up for hearing today itself.
2.
The application is disposed of.
W.P.(C) 14156/2024 & CM APPL. 59259/2024 3.
The Petitioner has filed the present writ petition impugning W.P.(C) 14156/2024 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
communication dated 16th January, 2023 issued by Respondent No. 3, which reads as follows:
4.
Under the aforenoted impugned communication, competent authority of Food Corporation of India1 has decided to forfeit the Earnest Money 1 "FCI"
W.P.(C) 14156/2024 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Deposit2 amount of INR 31 lakhs deposited by the Petitioner, which was lying with the FCI against tender enquiry No. Pur/14(3)/2011/TE/LDPE dated 11th April, 2012 as per Clause No. 20 of detailed NIT, Clause 13 (F) of MTF, and Clause 25 of special instruction to tenderers. 5.
The Petitioner's grievance is that the action of forfeiture of the EMD would also deprive them of the right to participate in future tenders issued by the FCI. In support of this claim, the Petitioner has placed reliance on the conditions of the tender issued by the FCI and other departments. 6.
During the course of submissions, Mr. Jitender Chaudhary, counsel for the Petitioner, on instructions, states that in so far as the challenge to the forfeiture of the EMD is concerned, the Petitioner would like to explore other legal options and seeks leave to withdraw this relief. However, he requests this Court to clarify that the forfeiture of EMD would not prevent the Petitioner from participating in any future contracts issued by the FCI or other departments.
7.
Regarding Petitioner's participation in future tenders, Mr. Om Prakash, counsel for FCI, states that the Petitioner has, in fact, participated in other tenders issued by FCI, Haryana on 10th February, 2024. Therefore, the Petitioner's understanding regarding deprivation of right of participation in future contracts is incorrect. He further submits that the forfeiture of the EMD of the Petitioner was effected pursuant to an order dated 29th October, 2021, passed by the Competition Commission of India, which is annexed as Annexure P-6 to the writ petition.
8.
In light of the foregoing, since the issue of the forfeiture of the EMD is not being examined by this Court, the Court refrains from making any 2 "EMD"
W.P.(C) 14156/2024 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
observations on the matter. All rights and contentions of the parties to that extent are left open. The Petitioner is granted liberty to take recourse to appropriate legal remedies, in this regard, in accordance with law. 9.
As far as the Petitioner's right of participation in future tenders is concerned, in light of the statement made by the counsel for FCI as well as the fact that no show cause notice was issued to the Petitioner prior to the impugned order, it is clarified that the Petitioner shall not be debarred from participating in future tenders issued by FCI or other departments solely on the ground of forfeiture of the EMD under the impugned order. The Petitioner's bid shall be evaluated on its own merits, in accordance with law. 10.
With the above directions, the petition is disposed of along with pending application(s).
11.
The date fixed, i.e., 9th January, 2025 stands cancelled. SANJEEV NARULA, J NOVEMBER 28, 2024 nk W.P.(C) 14156/2024 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.