WP(C) 7371/2016. Gauhati High Court
| Case Number | WP(C) 7371/2016 |
| Judgement Date | July 17, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM: NAGALAND: MI ZORAM AND ARUNACHAL PRADESH)
WP( C) No.7371/ 2016
Daffodil Nursery (Old) a proprietorship firm, Having its registered office at Bherakuchi,
N.H.37, Dhupguri, Kamrup, Assam
Pin: 782 410, represented by its Proprietor Smt. Rekha Sarma
-Versus-
The State of Assam & 4 Others
B E F O R E
HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA
Advocates for the Petitioner : Mr. KN Choudhury
Sr. Advocate
Mr. J Patowary
Ms. R Kakati
Ms. A Baruah
Advocates for the Respondents : Mr. S Chamaria
Standing counsel
Assam Seeds Corporation
Date of hearing & Judgment : 17.07.2017
…Petitioner
… Respondents
JUDGMENT & ORDER ( ORAL)
Heard Mr. KN Choudhury, learned Senior counsel for the petitioner. Also heard Mr. S Chamaria, learned Standing counsel, Assam Seeds Corporation.
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The respondent, Assam Seeds Corporation had issued an eprocurement notice dated 01.09.2016 inviting bids from the eligible bidders for supply of plant materials (plant, grafts & hybrid seeds of vegetables) (Group-C) as mentioned in the bidding document. The petitioner being an interested bidder, pursuant to the aforesaid e-procurement notice dated
01.09.2016 had participated in the said process. I t is stated that the petitioner is particularly interested for supply of plant, grafts & hybrid seeds of Marigold, Tuberose etc., Mujaffarpur Litchi, Khasi Mandarin, Guava, Mango and Hybrid Coconut (Kerala Dwarf variety).
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The petitioner is aggrieved in this writ petition to the effect that the respondent authorities are resorting to some other method to arrive at L1 bidder in a manner which is contrary and de hors the provisions of the terms and conditions of the e-procurement notice dated 01.09.2016.
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I t is stated that as per Clause 19(c)(B)(iii), the purchaser will disqualify and reject a bid if the bidder has quoted higher/ lower price for a class/ type of seed offered by the bidder. I t is further provided in the said Clause 19(c)(B)(iii) that the base price for determining higher/ lower price shall be the average purchase price of the respondent Corporation for the concerned item for the last 3(three) years i.e. for the years 2015-2016, 2014-2015, 2013-2014 and any bid offering a bid price which is 15% above or below the base price will be rejected.
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Accordingly, as per the provisions of the aforesaid clause 19(c)(B)(iii) of the I ndication for Bids (I FB), it is apparent that the respondent authorities are required to first...
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