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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (C) No. 3211 of 2021

Mata Di Electricals through its Partner Devendra Jain S/o Shri Ugam

Raj Jain, aged about 35 years, R/o Near Tehsil Office Rajim, District

Gariyaband, Chhattisgarh.

---- Petitioner

Versus

1. Chhattisgarh State Ware Housing Corporation, through Managing

Director, Sector-24, Near Jhanjh Lake, Atal Nagar, Raipur, District

Raipur, Chhattisgarh.

2. Manager, Technical, Chhattisgarh State Ware Housing

Corporation, Sector 24, Near Jhanjh Lake, Atal Nagar, Raipur,

District Raipur, Chhattisgarh.

---- Respondents

(Cause Title taken from Case Information System)

For Petitioner

: Mr. Anup Majumdar, Advocate.

For Respondents

: Mr. Animesh Tiwari, Advocate.

Hon'ble Mr. Arup Kumar Goswami, Chief Justice

Hon'ble Mr. N.K.Chandravanshi, Judge

Order on Board

Per

Arup Kumar Goswami, Chief Justice

16/12/2021

Heard Mr. Anup Majumdar, learned counsel for the petitioner as

well as Mr. Animesh Tiwari, learned counsel for the respondents.

2.

A notice inviting tender (NIT) dated 02.05.2020 was issued by the

respondents for supplying Power Sprayer (Petrol) in terms of the

specifications provided in the NIT. On evaluation of the tenders, the bid

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of the petitioner was accepted. On 26.06.2020, the petitioner was

informed that before execution of the pre-integrity contract and

agreement, the officers of the Corporation will inspect the stores and the

Power Sprayer (Petrol) which were to be supplied. A date for inspection

within seven days of the receipt of the letter was requested.

Subsequently, in supersession of the letter dated 26.06.2020, a work

order dated 10.07.2020 came to be issued instructing the petitioner to

supply 35 numbers of Power Sprayer (Petrol) as per the NIT conditions.

Subsequent thereto, on 13.07.2020, a pre-contract integrity pact and an

agreement were executed in between the petitioner and the respondent

No. 2.

3.

By a letter dated 08.10.2020, the petitioner was informed that

on an inspection being carried out on 28.08.2020, it was found that the

Power Sprayer (Petrol) available with the petitioner was not in accord

with the specifications mentioned in the work order and the NIT, and

accordingly, the petitioner was directed to rectify the Power Sprayer

(Petrol) in accordance with the specifications within seven days. It was

also indicated in the said letter that on failure to take appropriate action

within the time limit specified, appropriate action would be taken as per

clause 12(iv)(g) of the NIT.

4.

It is stated by the petitioner that though a letter dated

15.10.2020 was issued by the petitioner requesting inspection of the

Power Sprayer (Petrol) procured by the petitioner, none came for

inspection of the same and thereafter, surprisingly, by an order dated

21.10.2020, the respondents cancelled the contract of the petitioner,

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forfeited the earnest money deposit and disqualified the petitioner from

participating in any tender under the respondents in future.

5.

The relevant portion of translated version of the order dated

21.10.2020 (translated by the petitioner) reads as follows:

“Chhattisgarh State Warehousing Corporation

Head Office village Jhanjh, Sector 24, Atal Nagar, Nawa

Raipur (CG)

Date- 21.10.2020

To,

M/s. Mata Di Electricals

Near Tahsil Office,

Fingeshwar Road, Rajim,

District Gariyaband (CG)

Subject: Regarding purchase of 35 Nos. Power Sprayer

(petrol)

Reference: (1) Supply Order No. 0-7068 of this office

dated 10.07.2020

(2) letter No. 9332 of this office dated

08.10.2020.

You were given order to supply 35 Nos. of Power

Sprayer (Petrol) under the referred supply order under the

subject. As per your letter No. MDE 351 dated

25.08.2020, request was made to the Corporation for

inspection. Consequent to the said letter, as per the letter

No. 8051 dated 26.08.2020 of the Headquarters,

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inspection was done by the officers of the Headqua