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CWP No.13268 of 2026 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP NO.13268 OF 2026 (O&M)

CJ DARCL Logistics Limited ...Petitioner

Versus

Food Corporation of India and another ...Respondents

1. The date when the judgment is reserved 01.05.2026

2. The date when the judgment is pronounced 14.05.2026

3. The date when the judgment is uploaded 15.05.2026

4. Whether only operative part of the judgment is Full

pronounced or whether the full judgment is

pronounced

5. The delay, if any of the pronouncement of full Not applicable

judgment, and reasons thereof

CORAM : HON’BLE MR. JUSTICE DEEPAK SIBAL

HON’BLE MS. JUSTICE LAPITA BANERJI

Present : Mr. Anil Goel, Advocate,

for the petitioner.

Ms. Ridhi Bansal, Advocate and

Mr. Viney Kumar, Advocate,

for the respondents.

LAPITA BANERJI, J.

Prayer in the present petition filed under Articles 226/227 of

the Constitution of India, inter-alia, is for setting aside of the decision dated

April 22, 2026 (Annexure P-8) and for issuance of a writ of mandamus

directing the withdrawal of the petitioner’s price bid dated February 23,

2026 (Annexure P-4). Furthermore, the petitioner company has prayed for

release of the Earnest Money Deposit (EMD) amount of Rs. 13,67,780/-

SHALINI BHATIA

2026.05.15 10:31

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integrity of this document Page 1 of 9

CWP No.13268 of 2026 (O&M)

along with interest @ 12% per annum with effect from April 10, 2026 till

the date of actual payment.

2. The brief facts of the case are as follows:

i) The petitioner is a company engaged in the business of

providing logistics and transportation to various organisations.

ii) The respondent No.1- Food Corporation of India (FCI) issued

a Notice Inviting Tender (NIT) dated February 02, 2026 for appointment of

Handling and Transport Contractor (HTC) for a period of two years at FCI,

Moonak Centre.

iii) The petitioner participated in the bidding process for Tender

No.GEM/2026/B/7177761 as a general bidder. The technical evaluation

was done on March 27, 2026 whereby the petitioner’s bid was found to be

technically responsive.

iv) On March 30, 2026, the financial bids were opened and the

petitioner was declared to be the top bidder (L-1) by calculating the

percentage offered vis-à-vis the base value. The base value for the tender

was fixed at Rs.3,37,15,000/- and the tenderer was required to quote in its

financial bid the offered percentage qua the base value, in the GEM portal

of the respondents.

v) The petitioner gave a financial bid of the amount of

Rs.4,34,92,350/- i.e. 1.29 times of the base value after considering the same

to be 1. It is the petitioner’s case that it intended to give a financial bid of

2.29 times considering the base value as 1. However, due to an inadvertent

mistake by a Clerk working at the petitioner company, the financial bid was

offered at 1.29 times the base value instead of 2.29 times the base value.

SHALINI BHATIA

2026.05.15 10:31

I attest to the accuracy and

integrity of this document Page 2 of 9

CWP No.13268 of 2026 (O&M)

vi) After opening of the financial bids on March 30, 2026, the FCI

accepted the financial bid of the petitioner. Thereafter, the petitioner sought

to withdraw its bid and submitted a representation to that effect on April 10,

2026.

vii) The respondents decided the representation of the petitioner

vide impugned order/decision dated April 22, 2026 and the competent

authority refused to alter the bid made by the petitioner in GEM portal.

While accepting the bid of the petitioner company for a period of two years,

it intimated to the petitioner that the financial bid offered by the petitioner

could not be corrected or altered after submission of the same, as per the

accepted terms and conditions of the tender.

viii) Challenging the aforesaid order/decision dated April 22, 2026

the petitioner has approached this Court by filing the instant petition under

Articles 226/227 of the Constitution of India.

3. Mr. Goel, learned Advocate appearing on behalf of the

petitioner submits that the mistake in the fina