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2026 Supreme(Online)(Gau) 16436

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


Case No. : WP(C)/2041/2026


SEROS OILFIELDS SERVICES INDIA LTD

A LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013

HAVING ITS REGISTERED OFFICE AT ESSAR HOUSE, 11 .. MARG,

MAHALXAMI, MUMBAI MAHARASHTRA- 400034, REPRESENTED BY SRI

KUNJAN MYSOREWALA, AUTHORISED SIGNATORY OF THE PETITIONER

COMPANY.

VERSUS

OIL INDIA LIMITED AND 2 ORS

REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR,

DULIAJAN, P.O. DULIAJAN IN THE DISTRICT OF DIBRUGARH, ASSAM,

PIN-786002

2:CHIEF GENERAL MANAGER CONTRACTS

CONTRACT DEPARTMENT

DULIAJAN

P.O. DULIAJAN IN THE DISTRICT OF DIBRUGARH

ASSAM

PIN- 786002.

3:MANAGER CONTRACTS G

CONTRACT DEPARTMENT

DULIAJAN

P.O. DULIAJAN IN THE DISTRICT OF DIBRUGARH

ASSAM

PIN-786002


Advocate for the Petitioner : DR. ASHOK SARAF, MR P BARUAH,MR. N N DUTTA,MR S J SAIKIA,MR P K BORA,B SARMA,MR. A. KAUSHIK

Advocate for the Respondent : SC, OIL


BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY


Date : 08.04.2026

ORDER

1. Assail is made, in this writ petition instituted under Article 226 of the Constitution of India, to a bidding process initiated by an Invitation for Bid [IFB] no. CDG0167P226 dated 03.09.2025 and to an amendment made therein vide Amendment no. 15 dated 20.03.2026.

2. The respondent Oil India Limited [OIL], a Government of India Enterprise engaged in exploration, production and transportation of crude oil & natural gas, by the IFB dated 03.09.2025 has invited International Competitive Bids [ICB] through OIL’s e-procurement site for ‘Charter Higher of 01[1] no. of 3000 HP Drilling Rig Package’. When the IFB was published originally on 03.09.2025, bid closing date & time were mentioned as 07.10.2025 [11-00 Hrs (IST)]. There were subsequent extensions of the bid closing date by a number of amendments. One of such amendments was Amendment no. 12 dated 04.02.2026. By Amendment no. 12, the bid closing date was extended to 19.02.2026. By Amendment no. 12, bid evaluation criteria were also revised to a certain extent. By Amendment no. 13 dated 09.02.2026, the price bid format was revised with no extension of the bid closing date. By Amendment no. 14 dated 18.02.2026, the bid closing date was extended to 27.02.2026.

3. For the purpose of the instant writ petition, it is Amendment no. 15 dated 20.03.2026 which is of relevance. By Amendment no. 15, the bid closing date & time has been extended to 10.04.2026. By Amendment no. 15, amendments to a few tender clauses including the Bid Evaluation Criteria [BEC] have been made.

4. The petitioner has stated that after Amendment no. 14, it has submitted its bid on 27.02.2026.

5. I have heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. P. Baruah, learned counsel for the petitioner and Mr. D. Saikia, learned Senior Counsel assisted by Mr. P. Nayak, learned counsel for all the respondents. The learned counsel for the parties are also heard on the interim prayer.

6. Dr. Saraf has submitted that by Amendment no. 15 dated 20.03.2026, the respondents have not only extended the bid closing date & time but also brought a number of amendments in the tender clauses and more particularly, in the Bid Evaluation Criteria [BEC]. He has submitted that the bidding process was initiated on 03.09.2025 by publication of the IFB and for the next six months till Amendment no. 14 dated 18.02.2026, a number of amendments were made with the extension of bid closing date. He has submitted that all throughout the same period, amendments were made in the interregnum from time to time. But after the player in the game arena on 27.02.2026, there cannot be any change in the rules of the game. After the bid closing date & time was over, the technical bids which were already submitted by then, were to be opened at 14-00 Hrs [IST] on 27.02.2026. The process of selection of the successful bidder deemed to have begun immediately after the bid closing date and time, 27.02.2026 [11-00 Hrs (IST)]. Clause 4.0 of Part-1 : Instructions to Bidders [ITB] part of the Bid Document has provided the time-limit within which amendment to the Bid Document can be made. Clause 4.1 has stipulated that discretion is available to the respondent OIL to bring any modification to the Bid Document prior to the deadline for submission of bids by way of amendments, etc. But after the deadline for submission of bids was over at 11-00 Hrs [IST] on 27.02.2026 as prescribed by Amendment no. 14, no discretion was available to the respondent OIL to extend the bid closing date till 10.04.2026 and to bring amendments in the tender clauses and the BEC. By bringing amendments to a few tender clauses and also in the BEC, the respondent OIL has committed acts, which are beyond the Bid Document, and thereby, the rules of the games have been changed. It is his contention that the law is settled with regard to the term, ‘extension’ and it connotes existence of something to be extended. Once the time period fixed for something is ov

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