Bhowmick Enterprises (India) v. Union Of India And ORS

OD 5 WPO 534 of 2021 IA GA 1 of 2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE BHOWMICK ENTERPRISES (INDIA)

VERSUS

UOI AND ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 2nd September, 2021.

APPEARANCE:

Mr. Tapas Dutta,Adv.

Mr. Rabi Oprosad Mookerjee,Adv.

Mr. Sailendra Kumar Tiwari,Adv.

The Court:- The writ petitioners are aggrieved by a communication dated 6th August, 2021 uploaded in the E procurement system in the Ministry of Defense tenders in respect of provision of Sun Shelter (Ph-I) at AF Station Kalaikunda. The 8 tenders including that of the writ petitioner were rejected on a ground which appears common to all 8 bidders i.e. "Rejected as the firm does not meet stipulated prequalification criteria".

The petitioner has preferred against the said order against the rejection on 6th August, 2021 which has not yet been disposed of. In that view of the matter,

the appellate authority is hereby directed to dispose of the petitioner's appeal in accordance with law and by reasoned order within a period of ten days from the date of communication of a copy of this order. The order may be communicated to the petitioner within seven days thereafter. With the aforesaid observations, the writ petition is disposed of. No order as to costs.

Urgent photostat certified copies of this order be made available to the parties, if applied for, subject to compliance with all requisite formalities. (RAJASEKHAR MANTHA, J.) S.Chandra