Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61106 (ALL)

M/S DHARIWAL JK. JV, THROUGH ITS DIRECTOR, VIKAS KUMAR SINGH v. UNION OF INDIA AND ANOTHER

WRIC/16339/2025 · 2025-05-27

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:91519-DB Court No. - 39 Case :- WRIT - C No. - 16339 of 2025 Petitioner :- M/S Dhariwal Jk. Jv, Through Its Director, Vikas Kumar Singh Respondent :- Union Of India And Another Counsel for Petitioner :- Ashok Kumar Pandey,Priti Singh Counsel for Respondent :- A.S.G.I. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr.Ashok Kumar Pandey, learned advocate appears on behalf of petitioner and submits, his client's technical bid stood rejected. By letter dated 13th May, 2025, his client had required the reasons for rejection. The reasons have not been furnished. He relies on order dated 13th April, 2012 made by a Division Bench in the High Court of Delhi in, inter alia, W.P.(C) 2092 of 2012 (M/s Amit Brothers vs. Chief Engineer, R and D and another). A paragraph from the order is reproduced below. "We may note that we have repeatedly emphasized in various orders/judgments that whenever a tender is rejected or tender documents are not issued and a party enquiries reasons, it is necessary that the reasons be communicated to such a party to avoid unnecessary litigation as otherwise the first round of litigation is to find out the reasons and the second round of litigation is to challenge the reasons. Despite this, the authorities persist in keeping silent over such representations, which we strongly deprecate. We call upon the learned standing counsel for UOI to ensure that all the Government departments are circulated a communication to disclose reasons in such cases where enquiries are made by a contracting party to avoid unnecessary litigation and a compliance report be filed within two weeks. A copy of this order be circulated along with the communication." 2. Mr.Shashi Dhar Sahai, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, the reasons will be duly informed. 3. Mr.Pandey prays for interim restraint on finalization of the contract. Mr.Sahai submits, the contract has already been awarded. 4. Petitioner will communicate certified copy of this order along with copy of his letter dated 13th May, 2025, to respondent no.2. Within two weeks of the communication, said respondent will inform reason(s) for rejection of petitioner's bid. 5. The writ petition is disposed of. Order Date :- 28.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad