Civil Writ Jurisdiction Case No. 1675 of 2016. Case: K.K. Roadways and Ors. Vs The Indian Oil Corporation Limited and Ors.. Patna High Court

Case Number:Civil Writ Jurisdiction Case No. 1675 of 2016
Party Name:K.K. Roadways and Ors. Vs The Indian Oil Corporation Limited and Ors.
Counsel:For Appellant: Siya Ram Sahi and Sunil Kumar Sharma, Advocate and For Respondents: Anil Kumar Jha, Sr. Advocate and Sanat Kumar Mishra, Advocate
Judges:Shivaji Pandey, J.
Issue:Commercial Law
Judgement Date:February 06, 2017
Court:Patna High Court
 
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Judgment:

Shivaji Pandey, J.

  1. Heard learned counsel for the petitioners and learned counsel for the Indian Oil Corporation.

  2. In the present writ petition, petitioners are challenging the Letters of Intent issued in token of award of tender contained in tender ID 2015, BSO 19016-1.

  3. Petitioners are challenging the allotment of work to respondent Nos. 6 to 19 making an allegation that respondents authorities have wrongly accepted their tenders and allotted the work order. The matter relates to transportation of LPG Cylinder from the Bottling Plant. Petitioners and others have applied for the same and they have been selected, as per Indian Oil Corporation petitioner No. 1 is LI-13 and petitioner No. 2 is LI-15. Whenever their turn will come they will be provided the work order. The main allegation is leveled against two Roadways i.e. M/s. Satyam Glass and Hardware as well as against M/s. Raj Roadways stating that M/s. Satyam Glass and Hardware has furnished details of three vehicles, UP54U2387, UP76S4465 and UP76Q1698 and all are registration of motor-cycle over which Cylinder cannot be transported whereas M/s. Satyam Glass and Hardware should have been provided the truck instead of the motor cycle itself shows that he has committed misrepresentation and fraud for the purposes of getting his position above in the merit list for the purposes of allotment of work.

  4. Learned counsel for the Indian Oil Corporation, from the documents which have been annexed by the petitioners themselves at page 106, 107, 108, has pointed out that the chassis number which has been mentioned in the merit list is quite different to the chassis number of the information he has obtained and annexed with this writ petition. He has submitted that after selection the trucks which were to be engaged for carriage were brought to assigned place within the premises of the Indian Oil Corporation, whereafter physical condition of truck was verified, accordingly on the basis of the age of vehicle seniority of contractors has been prepared...

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