WP(C) No. 411 of 2020

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P.(C) No. 411 of 2020

M/S Gaikhonlung Panmei, aged about 61 years, s/o. (L) Tariang

Panmei, a resident of Langol Tarung, Near RNBA House, Imphal

West, Manipur – 795004.

... Petitioner

-Versus -

1. The Food Corporation of India through the Chairman and

Managing Director, having its office at 16-20, Barakhamba

Lane, New Delhi – 110001, India

2. The Food Corporation of India, Regional Office, House No. 105,

Bank Colony, Dimapur, Nagaland – 797112.

3. The Food Corporation of India, Regional Office (Manipur) Old

Assembly Complex, Imphal – 795001, Manipur.

4. The Executive Director (Zone), Food Corporation of India, Zonal

Office (NE), Ulubari, Guwahati – 7.

... Respondents

B E F O R E

HON’BLEMR. JUSTICE AHANTHEMBIMOL SINGH

For the Petitioner

:

Mr.N. Gunedhor, Adv.

For the respondents

:

Mr. W. Darakishwor, Sr.

Panel Counsel.

Date of Hearing

:

18.10.2022

Date of Judgment & Order :

31.01.2023

Judgment & Order

[1]

Heard Mr. N. Gunedhor, learned counsel appearing for the

petitioner and Mr. W. Darakishwor, learned senior panel counsel

appearing for the respondents.

LHAINEI

CHONG

HAOKIP

Digitally signed

by

LHAINEICHONG

HAOKIP

Date: 2023.01.31

11:57:44 +05'30'

WP(C) No. 411 of 2020

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The present writ petition had been filed challenging the

legality and sustainability of the order dated 29.06.2020 issued by the

authority of the FCI thereby disqualifying the tender bids submitted by the

petitioner’s firm and forfeiting the EMD amounting to Rs. 20,80,512/-

(Rupees Twenty Lakh eighty thousand five hundred and twelve only) and

also black listing the petitioner’s firm for a period of three years from

participating in FCI tenders.

[2]

The legal question which has arisen is whether, upon there being a

material non-disclosure or a material concealment, the forfeiture clause

under Clause No. 13 of the General Information to tenderer can be

invoked thereby resulting in issuance of the impugned order.

[3]

The relevant facts of the present case in a nutshell is that the FCI

issued a notice dated 21.02.2020 inviting E-Tenders from eligible and

interested contractors for appointment of contractor for transportation of

food grains and alike materials, etc, from FSD/CWC, Dimapur to

FSDBishnupur for a period of two years.

Along with the said NIT, a comprehensive General

Information to tenderers containing altogether 15 Clauses was also

notified. Under Clause (4) of the said General Information, the conditions

for disqualification are given. One of the conditions for disqualification as

provided under Clause (4) (III) is that tenderer whose Earnest Money

Deposit and /or Security Deposit had been forfeited by the FCI or any

WP(C) No. 411 of 2020

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Department of Central or State Government or any other public sector

undertaking, during the last five years, will be, ineligible. UnderCaluse (6)

of the said General Information, it is provided that each tender must be

accompanied by an earnest money @ 2% value of the contract amounting

to Rs. 20,80,512/- (Rupees Twenty Lakh, Eighty Thousand Five Hundred

and Twelve Only). Under Clause (11) of the said General Information, it is

provided that Food Corporation of India reserved the right to reject any or

all tenders without assigning any reason and that the successful tenderer

will be intimated of the acceptance of his tender by letter/telegram/fax/e-

mail. Under Clause (13) of the said General Information, it is provided that

if the information given by the tenderer in the Tender Document and its

Annexures and Appendices is found to be false/incorrect or has

violated/breached any of the terms & conditions of the contract, at any

stage, FCI shall have the right to disqualify/summarily terminate the

contract, forfeit the Earnest Money Deposit/SD/BG, make good any other

loses cause to the corporation and black list the party f