WP(C) 2856/2016. Gauhati High Court

Case NumberWP(C) 2856/2016
Judgement DateMarch 02, 2021
CourtGauhati High Court

- Petitioner

-Versus-

  1. I ndian Oil Corporation Ltd., Marketing Division, Sector-I I I , Noonmati, Guwahati-20, Assam.

  2. The Chief Manager (LPG-O), NEI SO,

    I ndian Oil Corporation Ltd., Marketing Division, North East I ntegrated State Office,

    Sector-I I I , Noonmati, Guwahati-20, Assam.

  3. Manager (LPG-OPS),

    I ndian Oil Corporation Ltd.,

    I OAOD, State Office, I ndian Oil Bhawan, Sector-I I I , Noonmati, Guwahati-20, Assam.

  4. Super Gas Agency,

    Represented by its sole proprietor Sri Kharga Bahadur Chetry, S/ o Late Dilliram Chetry, R/ o Village Chandmari, Tezpur,

    P.O. & P.S. Tezpur, Assam.

  5. Lankeswari Gas Service, Lanka,

    Assam, PI N-782446, Represented by its Manager

    Sri Tanka Prasad Phokrel, S/ o Late Dinanath Phokrel, R/ o Village Arasuti, P.O. & P.S. Thelamara, Assam.

  6. Dhekiajuli I ndane Agency,

    Represented by its sole proprietor Sri Biswa Bijoy Nath, S/ o Late Rabi Shankar Nath, R/ O Ward No.5, Dhekiajuli, P.O. & P.S. Dhekiajuli, Assam.

  7. Sri Bani Kanta Das,

    S/ o Late Bidyadhor Das,

    R/ o KKB Road, Chenikuthi, Guwahati-781003, Proprietor of EVE TOUCH, M.B. Road, Morigaon, PI N-782105, Assam, LPG Distributor,

    I ndian Oil Corporation Ltd., AOD.

  8. Sri Hrishikesh Sarmah,

    S/ o Late Hemkanta Sarma,

    Managing Partner of M/ s I ndia Gurudwara Road, Fouzadaripatty, Nagaon, PI N-782001, Assam.

    WP(C) No.2856/2016 Page 1 of 11

  9. M/ s Trishna and Transport Associates (a partnership firm), Represented by one of the partners, namely, Shri Kumud Nath, Having its principal place of business and office at Village Abhoyapur, P.O. College Nagar, P.S. Changsari (North Guwahati), Assam.

  10. M/ s Aruhon (a partnership firm),

    Represented by one of its partners and power of Attorney

    Holder, namely, Shri Dhiman Boro,

    Having its principal place of business and office at Village Abhoyapur, P.O. College Nagar, P.S. Changsari (North Guwahati O.P.), Guwahati-781031, District-Kamrup, Assam.

  11. M/ s N.S. Transport (a partnership firm),

    Represented by one of its partners and power of Attorney Holder, namely, Narayan Deka, S/ o Sri Babul Chandra Deka, Having its principal place of business and office at Amingaon, Lothiabagicha, P.S. P.O. Jalukbari, Guwahati-781031, District-Kamrup (M), Assam.

  12. M/ s Ratna Transport,

    Represented by its proprietor Shri Biswajit Sarkar, Having its office at New Colony, Pandu, Guwahati-781012, District-Kamrup (M), Assam.

  13. Shri Nishanta Nath,

    S/ o Late Nagen Nath,

    Village Abhoyapur, P.O. College Nagar,

    P.S. Changsari (North Guwahati O.P.), Guwahati-781031, District-Kamrup, Assam.

  14. Shri Dhiman Boro,

    S/ o Sambhu Ram Boro,

    Village Abhoyapur, P.O. College Nagar,

    P.S. Changsari (North Guwahati O.P.), Guwahati-781031, District-Kamrup, Assam.

  15. Md. Masimuddin Ahmed,

    Barlesakona, P.O. Madhumuchi, Rangia, District-Kamrup, Assam.

    - Respondents

    WP(C) No.2856/2016 Page 2 of 11

    For respondent Nos. 7, 8, 9 and 10 : Mr. G. Phukan, Advocate, For respondent Nos. 11 to 17 : Mr. C. P. Sarma, Advocate,

    Mr. A. Chamuah, Advocate,

    Date of hearing : 02.02.2017

    Date of judgment : 02.03.2017.

    BEFORE

    HON’BLE MR. JUSTI CE ARUP KUMAR GOSWAMI

    JUDGMENT AND ORDER

    Heard Mr. B.J. Talukdar, learned counsel, appearing for the petitioner. Also heard Mr. M.K. Choudhury, learned Standing counsel, I ndian Oil Corporation Ltd. (I OCL), appearing for respondent Nos.1, 2 and 3, Mr. C.P. Sarma and Mr. A. Chamuah, learned counsel, appearing for respondent Nos.11 to 17, Mr. G. Phukan, learned counsel, appearing for respondent Nos.7 to 10 and Mr. S. Biswas, learned counsel, appearing for respondent Nos.4, 5 and 6.

  16. The case of the petitioner, in short, is that the petitioner firm is carrying on business of transportation and had executed works relating to transportation of LPG cylinders under the I OCL. The petitioner owns three trucks. On 23.01.2015, the I OCL authorities issued an e-tender notice (for short, “NI T”) for transportation of packed LPG cylinders, in vertical position, to various locations from their Bottling Plants (BP) under Northeast I ntegrated State Office [ NEI SO] , wherein plant-wise number of trucks required were indicated and, from the requirements indicated in the tender notice it appears that the total requirement of trucks was 1148 numbers. I n response to the aforesaid NI T, the petitioner participated and submitted its bid. By a communication dated 13.09.2015, the petitioner was informed that its bid was accepted during technical evaluation and that opening of the financial bids was fixed on 15.10.2015. However, the

    WP(C) No.2856/2016...

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