M/S BHARAT CONSTRUCTION (I) PRIVATE LIMITED THROUGH ITS AUTHORISED SIGNATORY SH. JAI PAL SINGH vs M/S HIMACHAL PRADESH ROAD INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (HPRIDCL)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT OF HIMACHAL PRADESH
MR. JUSTICE TARLOK SINGH CHAUHAN, MR. JUSTICE STAYEN VAIDYA, JJ
M/S BHARAT CONSTRUCTION (I) PRIVATE LIMITED THROUGH ITS AUTHORISED SIGNATORY SH. JAI PAL SINGH – Appellant
Versus
M/S HIMACHAL PRADESH ROAD INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (HPRIDCL) – Respondent

Advocates:
For the Appellants/Petitioners: MR. B.C. NEGI, MR. NITIN THAKUR
For the Respondents: MR. J.S. BHOGAL, MS. SRISHTI VERMA, MR. K.D. SHREEDHAR, MS. SHREYA CHAUHAN

JUDGMENT

By way of instant petition, the petitioner has prayed for following substantive reliefs:- …3…

“i. Issue a writ of mandamus directing the respondent No.1 to place on record letter of award passed in favour of respondent No.2 before this Hon'ble Court; and/or ii. Issue writ of certiorari to quash and set aside the said award issued in favour of respondent No.2 by respondent No.1; and/or iii. Issue a writ of certiorari to quash and set aside the financial bid of respondent No.2 declared vide notification dated 02.08.2021 (Annexure P-6); and/or iv. Issue a writ of mandamus directing the respondent No.1 to issue the letter of award in favour of petitioner; and/or v. Issue a writ of certiorari to quash and set aside the entire tender process; and/or vi. Issue a writ of mandamus directing the respondent No.1 to re advertise the tender in question;”

2. Respondent by way of two-bid system invited offers through Request for Proposal/Notice Inviting Bid (for short “RFP/NIB”), dated 15.06.2021 for construction of “2 Lane Road Tunnel” parallel to the existing Dhalli Tunnel under the Shimla Smart City Mission on EPC mode with estimated cost of Rs.53 crores. Petitioner and respondent No.2,

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