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High Court of Jammu and Kashmir · body

2025 DAILYLAW 4191 (JK)

M/S PUSHPAK INDUSTRIES KUNJWANI TALAB JAMMU TH RAMAN DHIR v. UNION OF INDIA TH SECRETARY TO MINISTRY OF DEFENCE GOI NEW DELHI AND OTHERS

WP(C)/2174/2023 · 2025-04-25

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2174/2023 CM No. 5037/2023 M/s Pushpak Industries Kunjwani Talab Jammu Th. Raman Dhir …..Appellant(s)/Petitioner(s) Through: Mr. Amit Gupta, Advocate with Mr. Sumit Moza, Advocate vs Union of India and ors. .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 25.04.2025 1. The petitioner has impugned tender report issued by respondent No. 2 through e-mail dated 17.08.2023 to the petitioner with respect to tender reference No. CA no. CWE/U(N)-19/2023-24 for special repairs to steel furniture under GE(North) Udhampur and tender reference No. CA No. CWE/U(N)-20/2023-24 for special repairs to wooden furniture under GE(North) Udhampur, whereby technical bids submitted by the petitioner in CWE/U(N)-19/2023-24 and CWE/U(N)-20/2023-24 were rejected by the respondents. 2. Aggrieved of the action of rejection of the bids, the petitioner knocked the door of this Court and this Court vide order dated 23.08.2023 directed the respondents to consider the bids of the petitioner notwithstanding the rejection on account of technical dis-qualification and further in the event petitioner is declared as L-1, then the Serial No. 46 2 WP(C) No. 2174/2023 subsequent course of action in respect of award of contract shall remain subject to outcome of this writ petition. 3. Mr. Amit Gupta, learned counsel for the petitioner submits that the petitioner be declared as L-1 only in CA no. CWE/U(N)-19/2023-24 and the petitioner could not qualify so far as tender No. CA No. CWE/U(N)-20/2023-24 is concerned. He has further submitted that the petitioner is willing to work even after two years on the same rates regarding which the petitioner had submitted his financial bids. 4. In view of this, with consent of learned counsel for the parties, the present petition is taken up for final disposal and the present petition is disposed of by directing the respondents to consider the allotment of the contract to the petitioner being a lowest bidder in CA no. CWE/U(N)-19/2023-24. 5. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 25.04.2025 Neha-II