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2024 Supreme(HP) 414

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
M.S. Ramachandra Rao, CJ, Jyotsna Rewal Dua
OASYS Cybernatics Pvt. Ltd. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sohail Khan, Advocate.
For the Respondents:Mr. Anup Rattan, Advocate General with Mr. Sushant Keprate, Addl. Advocate General and Ms. Priyanka Chauhan & Mr. Sidharth Jalta, Dy.AGs.

Table of Content
1. cancellation of the letter of intent (Para 1 , 2)
2. petitioner's arguments against cancellation (Para 3)
3. relevant case laws on fair bidding (Para 4)
4. judicial conclusion on petition (Para 5)

JUDGMENT :

Jyotsna Rewal Dua, J.

1. Grievance in this petition is to the cancellation of Letter of Intent eight months after the same was issued to the petitioner-company.

2. Facts

2(i) In July 2021, the respondents invited an Expression of Interest from the eligible and interested agencies for complete solution of e-Point of Sale (ePoS) devices fully equipped with Iris and option of integration of weighing scale. Petitioner alongwith 17 other agencies participated in the meeting of Expression of Interest. 2(ii) For the subject matter, the respondent invited e-tenders for the first time on 20.12.2021. Four Companies, including the petitioner and one M/S Linkwell Telesystems Private Limited (Brand Name Visiontek), participated in the tender process. All the participating Companies failed to qualify the technical standards.

The tender was cancelled on 21.01.2022.

2(iii) The respondents invited 2nd e-tender on 28.01.2022. Five Companies including the petitioner and M/S Linkwell Tele

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