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2022 Supreme(Gau) 832

R. M. CHHAYA, SOUMITRA SAIKIA
Pintu Kundu S/o Arun Kumar Kundu – Appellant
Versus
Indian Oil Corporation Rep. By Its Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. M.Z. Ahmed, Mr. A.M. Dutta, Advocate
For the Respondent:Mr. M.K. Choudhury, Mr. P. Bharadwaz, Mr. U.K. Nair, Mr. N.R. Surana, Advocate

JUDGMENT :

R.M.Chhaya, J.

Feeling aggrieved and dissatisfied by the judgment and order dated 18.11.2022 passed by the learned Single Judge in WP(C) 4678/2022, the original writ petitioners have preferred this intra-Court appeal. The following facts emerge from the record of the appeal;

The Indian Oil Corporation Ltd. (hereinafter referred to as “Oil Company”) issued a tender notice for road transportation of bulk petroleum product-ATF (Aviation Turbine Fuel) by top Loading Tank Trucks under Tender no.RCC/ERO/37/2022-23/PT-45 and e-Tender ID:2022-ERO-152818-1 on 25.06.2022 and as per the schedule, the bid was to open on 23.07.2022 for the locations of Guwahati RCO, Bongaigaon RCO, Lumding Terminal and Missamari Depot. As the record unfolds 155 transporters participated in the tender process out of which 128 tenderers, including the appellants, were eligible in ‘technical bids’ and the ‘price bids’ are yet to be opened.

2. It is the case of the appellant that the respondent Oil Company has incorporated certain conditions and terms in the said tender which are different from the earlier practice and procedure and are against the interest of the existing Tank Trunks, including the appellan

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