IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MR. VIJAY BISHNOI, CJ, MR. JUSTICE N. UNNI KRISHNAN NAIR, J
Food Corporation of India, Rep. By Chairman-Cum-Managing Director, Food Corporation of India – Appellant
Versus
Suresh Kumar Agrwale Proprietor, M/S. Ramawatar Trading And Transporting Contractor – Respondent
JUDGMENT :
Vijay Bishnoi, CJ.
Heard Mr. P.K. Roy, learned Senior Counsel appearing for the appellants. Also heard Mr. C. Choudhury, learned Senior Counsel assisted by Dr. H. Sarma and Ms. J.S. Das, learned counsel for the sole respondent.
2. The instant writ appeal is filed on behalf of the appellants being aggrieved with the order dated 26.09.2019 passed in WP(C) No.4882/2019.
Vide impugned order dated 26.09.2019, the learned Single Judge has allowed the writ petition filed on behalf of the writ petitioner/sole respondent herein and directed the appellants to process the bills of the sole respondent/writ petitioner by following the recommendation of the four members committee and clear the outstanding dues within a period of 60(sixty) days from the date of receipt of a certified copy of the order.
3. The facts necessary for adjudication of the present case are that the appellants published a Notice Inviting E-Tender (NIET) dated 30.10.2017 for awarding the contract of Handling and Transport Contract, Ex-Rly Siding, Tinsukia to FSD Laipuli via weighbridge including Handling works at FSD Laipuli (distance 7 K.M.) under the two-bid tendering system.
4. The sole respondent/writ petitioner a
The unilateral reduction of transportation distance by the appellants was arbitrary, violating contractual obligations as per the tender notice.
Contractor had not approached Grievance Redressal Committee and hence, Court, relegated contractor to invoke jurisdiction of Grievance Redressal Committee for ventilating its grievances.
Adopting a different view in matter in facts and circumstances of case would not be permissible in eye of law.
There is an offer and acceptance of the terms and conditions of the contract by and between the parties and there was a consensus ad idem, which cannot be altered unless agreed upon by the parties mu....
Contracts must be honored based on verified terms and conditions; discrepancies in distances stated versus actual must be rectified to uphold contractual integrity.
The issuance of a No Demand Certificate validly discharged the contract, and subsequent demands by the Food Corporation of India were arbitrary and illegal.
Successful tenderers cannot be challenged by unsuccessful ones without first addressing the rejection of their own bids, emphasizing the limits of judicial review in public procurement.
The main legal point established in the judgment is that the weighment process and the demand for punitive charges by the railway authorities must adhere to the provisions of The Railways Act, 1989, ....
The weighment done at the enroute station was in accordance with the rules and provisions of the Railway Act. The weighment done by the 2nd respondent was not binding on the Indian Railways.
The interpretation of tender conditions is final when capable of more than one interpretation, and judicial intervention in matters of contract involving state instrumentalities requires overwhelming....
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