M/S Luxmi Infotech And Printers v. Chaudhary Charan Singh Hisar Agricultural University And Others

C.W.P. No. 6957 of 2024 2024:PHHC:041700-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 6957 of 2024 Date of decision: 22.03.2024 M/s Luxmi Infotech and Printers .... Petitioner Vs.

Chaudhary Charan Singh Hisar Agricultural University, Hisar and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Ramesh Kumar, Advocate for the petitioner.

ARUN PALLI, J (Oral) Vide tender notice dated 29.02.2024 (P-1), Chaudhary Charan Singh Hisar Agricultural University, Hisar (respondent No.1), had invited tenders for purchase of Multi Functional Printers (Print, Scan, Photocopier with Stapling) along with high volume finisher for the Controller of Examination.

The limited grievance that the petitioner has is vide orders dated 7.3.2024 (P-6) and 9.3.2024 (P-8), it has been held to be technically non responsive: (a) supply capacity: other bidders had higher capacity than the petitioner's 6650 sheets, (b) first copy time out: petitioner's first copy time out is 3.2 or less seconds against the required 3.1 seconds or less. It is not disputed that upon opening the price bid, the contract has already been assigned to M/s Swift Solutions (respondent No.9) on 20.03.2024. It is urged that prior to the institution of this petition, the petitioner had even served the respondent authorities with a representation dated 15.03.2024 (P10), but to no avail. Served with advance copy of the petition, Mr. Shreenath A. Khemka, Advocate, is present in Court on behalf of respondents No.1 to 8.

At the outset, he submits, for the competent authority is already in seisin of the matter, it would be expedient if the petition is disposed of, at this stage, to enable the competent authority to deal with the concerns/grievances of the DEEPAK KUMAR 2024.03.22 12:39 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh petitioner.

C.W.P. No. 6957 of 2024 2024:PHHC:041700-DB accordance with law, within four weeks from today. He submits that before any such order is passed, the authorized representative of the petitioner would also be heard.

Learned counsel for petitioner is agreeable to the course suggested by the learned counsel for the respondents and submits that let this petition be disposed of in view of the statement made by him. In the wake of the position sketched out above, this petition is disposed of in terms of the statement made by learned counsel for the parties.

This Court is sanguine that the authorities shall consider/examine the matter in the right earnest, and pass appropriate orders, within the time indicated by learned counsel for the respondents, assigning reasons in support thereof.

Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 22.03.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.03.22 12:39 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh