Madras High CourtWP/1153/2016closed

M/S. Valvil Ori Transport v. Indian Oil Corporation Ltd,

2016-04-22Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE R.SUBBIAH W.P.Nos.1153 to 1155 of 2016 & W.M.P.Nos.882 to 890 of 2016 M/s. Valvil Ori Transport Services, rep. by its Proprietor, Mr.N.Sundaram ... Petitioner in W.P.1153/2016 M/s.Sri Sivabalan Transports rep. by its Partner, Mrs.S.Satish Kumar ... Petitioner in W.P.1154/2016 T.Rajendran ... Petitioner in W.P.1155/2016 Vs.

1. Indian Oil corporation Ltd Rep. by its managing Director Corporate Office 3079/3 JB Tito Marg Sadiq Nagar New Delhi-110 049

Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to Corrigendum to Tender in Ref. RCC/SR/TNSO/PT/ 37-44/ 15-16 dated 06.01.2016 in respect of tender notification issued by the 2nd respondent in Tender No. RCC/SR/ TNSO/PT/40/ 15-16 for Road Transportion of Bulk Petroleum Products-MS/ HSD/Branded Fuels Ex. Trichy Terminal changing the Basic price arrived at from 17.06.2015 to 18.11.2015 and quash the same and consequently direct the respondents herein to give effect to the corrigendum and proceed with the tender only after extending the time for filing the tender and give sufficient time to the tenderers to participate in the tender.

For Petitioner in all the W.Ps.

: Mr.G.Arul Murugan For Respondents in all the W.Ps.

: Mr.Abdul Saleem COMMON ORDER The petitioners have filed the above writ petitions to issue a writ of Certiorarified Mandamus, calling for the records pertaining to Corrigendum to Tender in Ref. RCC/SR/TNSO/PT/ 37-44/ 15-16 dated 06.01.2016 in respect of tender notification issued by the 2nd respondent in Tender No. RCC/SR/ TNSO/PT/40/ 15-16 for Road Transportion of Bulk Petroleum Products-MS/ HSD/Branded Fuels Ex. Trichy Terminal changing the Basic price arrived at from 17.06.2015 to 18.11.2015 and quash the same and consequently direct the respondents herein to give effect to the corrigendum and proceed with the tender only after extending the time for filing the tender and give sufficient time to the tenderers to participate in the tender.

2. When these writ petitions were listed for admission on 12.01.2016, the main contention raised by the learned counsel for the petitioners is that they were not allowed to participate in the tender proceedings. Hence, while ordering notice of motion, this Court had granted an interim order, permitting the petitioner to participate in the tender process with the invoice particulars of trucks in the meantime direct the respondent to keep the finalisation of tenders in pending.

3. Today, when these matters were taken up for hearing, learned counsel for the respondents filed a counter stating that pursuant to the interim order granted by this Court, the petitioners have participated in the tender and hence, the prayer made in the writ petitions have become infructuous.

4. In view of the submissions made by the learned counsel for the respondents, these writ petitions are closed. The respondents are at liberty to complete the process of finalisation of tender. The petitioners are also at liberty to produce all the necessary documents to the respondents for verification within a period of two weeks from the date of receipt of a copy of this order.

No costs.

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

smi To

1. The Managing Director Indian Oil corporation Ltd Corporate Office 3079/3 JB Tito Marg Sadiq Nagar New Delhi-110 049

2. The Deputy General Manager (Regional Contract Cell) Indian Oil Corporation Ltd Southern Regional Office 8th Level Indian Oil Bhavan No.139 Nungambakkam High Rd, Chennai-34 +1cc to Mr.Abdul Saleem, Advocate, S.R.No.20631 +3cc's to Mr.G.Arul Murugan, Advocate, S.R.No.25263 W.P.Nos.1153 to 1155 of 2016 AD(CO) CA(10/05/2016)