M/S S U BUILDERS AND 2 OTHERS v. INDIAN OIL CORPORATION LIMITED AND 3 OTHERS
WRIC/3488/2025 · 2025-03-03
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15882 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30458-DB Court No. - 40 Case :- WRIT - C No. - 3488 of 2025 Petitioner :- M/S S U Builders And 2 Others Respondent :- Indian Oil Corporation Limited And 3 Others Counsel for Petitioner :- Arjit Gupta,Manish Gupta,Naveen Chandra Gupta Counsel for Respondent :- Devi Shanker Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the petitioners and Sri Devi Shanker Shukla, learned counsel appearing on behalf of the respondents.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the impugned order dated October 15, 2024 passed by the respondent authority rejecting the representation of the petitioners with regard to acceptance of the rates provided by the petitioners.
3. It is to be noted that in the particular tender, the 'L-1' bidder had bid at the rate that was 36 percent less than the base rate fixed by the Corporation. It is also undisputed that four other persons have started work on the said 'L-1' rate.
4. In light of the same, respondent corporation has submitted that all the parties who wanted to become part of the said tender must work on the 'L-1' rate.
5. Learned counsel appearing on behalf of the petitioners submits that they are unable to work on that rate as the same is very low. However, it cannot be disputed that there are other parties who are willing to work on that rate.
6. In light of the same, we are of the view that we cannot interfere with the impugned order passed by the Corporation as the same is not mala fide in any manner nor arbitrary against the petitioners. The representation of the petitioner has been dealt with and we do not see any reason to interfere in the order passed by the respondent corporation.
7. Accordingly, the writ petition is dismissed. The petitioners shall be at liberty to accept 'L-1' rate within the next 15 days and if they communicate the same to the respondent corporation then the respondent corporation is directed to give them the contract on the 'L-1' rate itself. Order Date :- 4.3.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad