IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Aravind Kumar, A.J. Shastri, JJ.
Grace Castings Limited – Appellant
Versus
Uttar Gujarat Vij Company Ltd. – Respondent
Special Civil Application No. 14472 of 2021
Decided On : 22-08-2022
Constitution of India, 1950 - Article 14 - State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India - Petitions is arising out of almost similar controversy and respondent being common in all petitions, learned advocates appearing on behalf of both sides have requested to take up present set of petitions conjointly and since same being tagged together, we deem it proper to deal with same accordingly –Held, Court dispose of these petitions by observing that impugned action which has got crystallized into an order would not come in way of petitioners participating in future tender process which may be floated by respondent and as such, as and when in future, if any tender is floated by any of respondents, bid offered by petitioners may be considered in accordance with law without being influenced by present impugned order - Petitions disposed.
JUDGMENT :
A.J. Shastri, J.
1. Present group of petitions is arising out of almost similar controversy and respondent being common in all petitions, learned advocates appearing on behalf of both sides have requested to take up the present set of petitions conjointly and since same being tagged together, we deem it proper to deal with same accordingly.
2. Since common controversy has arisen and challenge to the impugned order dated 15.9.2021 is common in all the petitions, for sake of convenience, Special Civil Application No. 14472 of 2021 is treated as a lead matter.
3. So far as Special Civil Application No. 14472 of 2021 is concerned, petitioner is a public limited company engaged in the business of manufacturing and supplying M.S. Structural Rolling products, like M.S. Angle, Channel, Flat, Round, Square and M.S. Ingot. For products of various M.S. steel items, on behalf of respondents of all distribution companies against requirement of 2021-22, a public advertisement in daily newspaper dated 10.1.2021 came to be issued by respondent No. 1. Last date of submission of online preliminary, technical and price bid was 1.2.2021. Along with tender notice, commercial terms and conditions as well as technical specifications were also issued and pursuant to the bid so tendered by the petitioner, it had participated by submission of required documents, vide letter dated 30.1.2021. Later on, respondent No. 1, vide its letter dated 13.5.2021 requested the petitioner to extend validity of petitioner's offer till 31.8.2021 due to changed circumstance. In response thereto, petitioner vide reply dated 19.5.2021 rejected respondent No. 1's request to extend validity of offer in view of Covid-19 pandemic situation, wherein there was stoppage of oxygen supply to the industrial units. Respondent No. 1 issued another letter dated 24.5.2021 requesting the petitioner to depute representative for negotiation of prices of M.S. Angle 65 x 65 x 6 mm and thereafter, letter of acceptance came to be issued by respondent in favour of petitioner to supply Angle 65 x 65 x 6 mm on behalf of all respondents. Said letter of acceptance is dated 31.5.2021 and in response to it, letter of acceptance dated 1.6.2021 was issued by respondent No. 2, same was also issued by respondent No. 3 on 2.6.2021 and letter of acceptance by respondent No. 4 came to be issued on 1.6.2021.
4. On account of unprecedented second wave of Covid-19 pandemic and disruption of supply of oxygen to petitioner and other industries, petitioner was unable to respond to the letter of acceptance issued by respondent and as such, vide communication dated 2.6.2021, it was informed to respondent No. 1 that petitioner will not be in a position to accept the terms and conditions and letter of acceptance and as a result of it, respondent No. 1 rejected petitioner's representation and consequently, issued a communication on 4.6.2021 inter-alia informing the petitioner to execute the order as per letter of acceptance, as agreed upon originally. To this, petitioner wrote a letter dated 15.6.2021 as also on 14.7.2021 inter-alia reiterating its difficulty of scarcity of raw material, shortage of labourer in the ship recycling industries, etc. additional time was sought to complete the tender formality. Even GUVNL Steel Supplier Group to which petitioner is a member, also requested and posted with difficulties faced by them. But, according to petitioner, without considering such hardships, a show cause notice came to be issued on 23.8.2021 by respondent No. 1 as also issued by respondent No. 3 on 2.9.2021, calling upon petitioner to explain as to why stern action should not be taken like forfeiture of EMD/SD, stop deal / banned of business dealing/ blacklisting or any other action against petitioner. It is the case of petitioner that a personal meeting was sought to represent in person which was scheduled on 7.9.2021, but then even after representing, authority did not consider any reason offered by the peti
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