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2026 Supreme(Online)(Gau) 23119
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/228/2026
M/S BHIMJI VELJI SORATHIA CONSTRUCTION PVT. LTD. AND ANR
HAVING ITS REGISTERED OFFICE AT PLOT NO. 112-113, ARBUDA NAGAR,
OPPOSITE PITMANS, TAGORE ROAD, GUJARAT REPRESENTED BY ITS
DIRECTOR SHRI RAMESH BHIMJI HADIYA, RESIDENT OF PLOT NO 112,
ARBUDA NAGAR, ADIPUR, KUTCH, GUJARAT- 370205
2: TAI TAJIK
GENERAL MANAGER (CONTRACT)
SON OF LATE TAI TAA
P.O. AND P.S.- SANGRAM
KURUNG KUMEY DISTRICT
ARUNACHAL PRADESH
AUTHORISED SIGNATORY OF M/S BHIMJI VELJI SORATHIA
CONSTRUCTION PVT. LTD
VERSUS
THE STATE OF ARUNACHAL PRADESH AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, PWD, GOVT OF
ARUNACHAL PRADESH, ITANAGAR
2:THE CHIEF ENGINEER (W/Z)
PWD
GOVERNMENT OF ARUNACHAL PRADESH
ITANAGAR
3:THE SUPERINTENDING ENGINEER (PWD)
CAPITAL CIRCLE
GOVERNMENT OF ARUNACHAL PRADESH
ITANAGAR
4:THE EXECUTIVE ENGINEER
DOIMUKH DIVISION
PWD
GOVERNMENT OF ARUNACHAL PRADESH
PAPUM PARE DISTRICT
5:THE ASSISTANT ENGINEER
BALIJAN SUB DIVISION
PWD
PAPUM PARE DISTRICT
ARUNACHAL PRADES
Advocate for the Petitioner : MR SISHIR DUTTA, MS K BORAH,MR S DUTTA,MR. S DUTTA
Advocate for the Respondent : GA, AP,
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
26.06.2026
Important Points
Subject
Contract Law - Tender and Procurement Dispute
Headnote
(B) State Largesse - Compensation for work - Constitution of Special Committee - Committee to value work executed by erstwhile contractor - Exclusion of successful bidder (L1) from Committee to ensure impartiality. (Paras 13, 16)
Facts of the case:
Appellants were awarded bridge construction works which were later deemed irregular by the Court as they were allotted without fresh tendering. A fresh tender process was subsequently initiated by the State. Appellants challenged the tender conditions, specifically a clause barring participants involved in litigation, and sought inclusion in the bidding process.
Findings of Court:
Court held that while the tender process may proceed, appellants should be allowed to submit their bids provisionally, subject to judicial determination on the validity of the disqualification clause. Furthermore, it directed the exclusion of the potential successful bidder from the valuation committee assessing the work done by the appellants.
Issues: Whether the appellants should be permitted to participate in the fresh tender process notwithstanding the existing litigation, and how the valuation of work previously executed by the appellants should be independently assessed.
Ratio Decidendi: In the interest of fairness and to avoid bias in the valuation of work, the committee constituted for assessing past work should not include the prospective successful bidder, and the appellants' right to participate in the tender process must be balanced against pending judicial interpretation of contractual disqualification clauses.
Result: Appeal disposed of with directions.
For the Appellants/Petitioners: M. Goswami, S. Dutta
For the Respondents: I. Choudhury, A. Chandran
ORDER
(M. Zothankhuma, J)
1. Heard Mr. M. Goswami, learned Senior Counsel assisted by Mr. S. Dutta, learned counsel for the appellants. Also heard Mr. I. Choudhury, learned Advocate General, Arunachal Pradesh assisted by Mr. A. Chandran, learned counsel for the respondents.
2. The appellant no.2 has put to challenge the impugned NIT dated 08/06/2026, by which four bridges in the Itanagar-Jotte stretch of road are to be reconstructed. The appellants are aggrieved by the State respondents disregarding paragraph-22 of the common judgement dated 05/06/2026 passed in WA No.1/2026 and WA No.2/2026, which states as follows :
“22. At this stage, the learned Senior Counsel for writ petitioner has submitted that even for the remaining 4 nos. of other works, sufficient progress has been done by the writ petitioner. While this Court would not give a stamp of approval towards any such works done, by balancing the equities, it is directed that if at all, any work has been done by the writ petitioner, it would be entitled for the payment. We make it clear that the construction of the remaining 4 nos. of bridges is to be done by floating of tenders and strictly in accordance with law.”
3. The appellants’ counsel submits that in pursuance to an NIT for construction and widening of the road between Itanagar to Jotte, the appellant no.2 had been selected as the contractor for construction of the said road. A contract agreement was signed between the parties and subsequent to the same, the construction of the Itanagar to Jotte road was completed by the appellants. As there were six bridges along the Itanagar to Jotte road, which an MLA of the said constituency wanted to be rebuilt/reconstructed due to it’s dilapidated condition, he made a request to the Government for allowing the appellants to reconstruct the six bridges, as an extended part of the contract work done by the appellant no.2 pertaining to the Itanagar to Jotte road.
4. The learned Senior Counsel for the appellants submits that subsequent to approval being given by the State Government for rebuilding the six bridges, the appellant no.2 started rebuilding the six bridges. However, the appellants received Order No.DD/W-73/2024-25/4932 dated 29.03.2025 and Order No. No. DD/W-73/2025-26/458-61(A) dated 24.04.2025 issued by the Executive Engineer, PWD, Doimukh Division, which are as follows :
“
No, DD/W-73/2024-28/ 4932 Dated Doimakh, the-29/03/2008.
To
M/s Bhimji Velji Sorathia Co. Pvt. Ltd.
Plot No.112-113, Arbuda Nagar,
Opp, PITMANS; Tagore Road, Adipur-Kutch
Gujrat.
(Kind attention to Shri Tal Tajik, Authorized Signatory/PM)
Subject:- Construction of 6 Nos. Double Lane Bridges and ancillary works on Itanagar-Jotte road under CMCSRDP-II.
Sir,
1. Please refer to this office letter vide No. DD/W-10/2024-25/3424-25 dated 30/12/2014.
2. Competent authority has approved design/drawings and-subsequently accorded, technical, sanction based on BOQ submitted by you.
3. It has been further decided to Implement the project during the meeting chaired by Chief Engineer (WZ), PWD on 21/03/2025 by segregating in two parts as under:
(a). Bridge over Dókoso & Gera Nallah as extended portion of agreement DD/RIDF/2021-22/01 dated 10/11/2021 for regularization being already executed/nearing completion, & (b) Remaining 4 (four) bridges by floating fresh e-tender.
4. It is therefore requested to submit Additional Performance Guarantee amounting to Rs.86,12,806/- (Rupees Eighty Six Lath Twelve Thousand Eight Hundred & Six) only covering validity till DLP (as per original contract) arid attend this office preferably in the first week of April'2025 for completing the formalities.”
“
No. DD/W-73/2025-26/458-61(A) Dated Dolmukh, the 24/4/2025
To,
Shri Tai Tajik, Manager,
M/s Bhimji Velji Sorathia Construction Pvt. Ltd.
Plot no. 112-113, Arbuda Nagar,
Opp. PFIMANS, Tagor Road, Adipur-Kutch..
Sub: To stop un-authorized works of Poma Bridge at Ch. 18.375 Km.
Ref no.:- CHAP(W/Z)/WC-55/2024-25/1206 dtd. 21/02/2025.
Dear Sir,
With referenc
