O P Kandoi And Company Pvt.Ltd v. The Lt.Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/962/2023 IA No.CAN/1/2023 O.P. Kandoi and Company Private Limited Vs.

The Union of India and others Mr. Tapan Kumar Das ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 23, 2023 [SR] Item No.11

1. In view of the fact that the petitioner was under suspension, he could not have participated in the earlier tender in question. Moreover in the writ petition no interim order was passed allowing him to participate in any fresh tender.

2. In view of the fact that in the meantime, the third party interest has been created by reason of finalization of tender and the petitioner was not allowed any interim protection at this stage. It would not be proper to interfere with the tender since finalised although it is submitted on behalf of the petitioner that the tender was awarded at a price difference of Rs.2.3 crores, compared to the bid of the writ petitioner.

3. The writ petition and the connected application are accordingly disposed of. There shall be no order as to costs.

4. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities.

( Soumen Sen, J. )