M/S Ashoka High Tech Private Limited v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-4721-2021 Date of decision : 01.03.2021 M/s Ashoka HighTech Private Limited .......Petitioner

Versus

Union of India and others .......Respondents

CORAM:

HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Kartar Singh, Advocate, for the petitioner.

Mr. Arun Gosain, Senior Government Counsel, Union of India, for respondents No.1, 2, 3 and 5.

**** RAVI SHANKER JHA, CHIEF JUSTICE ( Oral ) This petition has been filed by the petitioner Company alleging that though the petitioner was ultimately selected as L-1 bidder in the tender proceedings initiated by the respondents for ERV Fabrication of In-Fleet Components (22) LED Light Bar, Portable PA System with Siren, Storage Decks, Small Foldable Stretcher, Wind Shield Mesh Protector, Inflatable Lights, Crime Scene Protection Kit for 600 vehicles, yet the authorities instead of awarding the work to the petitioner Company have done so in favour of Surya Telecom Pvt. Ltd. (respondent No.4), which was L-2. It is also alleged that orally the petitioner has been informed that subsequently, the authorities have listed Surya Telecom Pvt. Ltd. as L-1 by listing the petitioner as L-2 behind its back in manipulation of the tender proceedings. It is also submitted that the petitioner has filed objections/representations NAROTAM DASS 2021.03.02 14:10 I attest to the accuracy and integrity of this document PHHC CHANDIGARH

dated 14.01.2021 and 22.01.2021(Annexure P-10) before the authorities, but no decision thereon has been taken.

Learned counsel appearing for respondents No.1, 2, 3 and 5, on advance copy, submits that the authorities shall consider and take a decision on the representations dated 14.01.2021 and 22.01.2021 (Annexure P-10) filed by the petitioner within a period of two weeks by passing a reasoned order and communicate the same to the petitioner. In view of the aforesaid statement made by learned counsel for respondents No.1, 2, 3 and 5, we do not find any reason to entertain the present petition, which is disposed of taking the statement of learned counsel on record. It is made clear that this Court has not expressed any opinion on the merits of the case and, therefore, the authorities would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter accept or reject the same in accordance with law. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE March 01, 2021 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No NAROTAM DASS 2021.03.02 14:10 I attest to the accuracy and integrity of this document PHHC CHANDIGARH