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2021 Supreme(HP) 515

L.NARAYANA SWAMY, ANOOP CHITKARA
Ashok Garg & Ors. – Appellant
Versus
M/s. Vikrant Oil Carrier & Ors. – Respondent


Advocates appeared:
Ramakant Sharma, Advocate, Anshul Bansal, Advocate, Anshul Attri, Advocate, Kshitij Sharma, Advocate, Prashant Sharma, Advocate, B.C. Negi, Advocate, Parvesh Negi, Advocate, Mukul Sood, Advocate

JUDGMENT

Anoop Chitkara, J. - The petitioner and private respondents No.2 to 5 are in the business of ferrying fuel from the depot of respondent No. 1, Hindustan Petroleum Corporation Limited (hereinafter referred to as "HPCL") to its retail outlets. HPCL invited digital e-tenders to transport bulk white petroleum products through road, with effect from 01.10.2018 till 30.09.2023 vide DNIT, Annexure P-1. As per the bid inviting tenders, the successful tenderer, within fifteen days of the issuance of the LOA/work order, had to produce the tank trucks for physical inspection of HPCL. The petitioner as well as the private respondents participated in the said bid. HPCL awarded the tender and issued LOA to the private respondents. Challenging the award of the tender, the petitioner came up before this Court seeking to set aside the LOA and subsequent actions, on the grounds that the calibration certificates of tank trucks were procured in connivance of the sixth respondent, the Inspector, Legal Metrology Department, without any physical calibration actually taking place.

2. The petitioner's grievance was that HPCL did not stick to the eligibility criteria prescribed in the tender notice,

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