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2025 DAILYLAW 83830 (ALL)

M/S SHIV OM ENTERPRISES v. STATE OF UP AND 2 OTHERS

WRIC/26933/2025 · 2025-08-18

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141052-DB Court No. - 39 Case :- WRIT - C No. - 26933 of 2025 Petitioner :- M/S Shiv Om Enterprises Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Anoop Kumar Dubey,Prateek Sinha,Surabhi Chandra Counsel for Respondent :- C.S.C.,Kartikeya Saran Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Prateek Sinha, learned advocate appears on behalf of petitioner and submits, impugned is order dated 22nd January, 2025 made by respondent no.3 (the distribution company), debarring him for two years from participating in its tenders. He submits, his client is a small contractor. There was mistake made in complying with requisition on documents. His client himself realized the mistake of having uploaded someone else's document as proof of experience. He got in touch with the distribution company by letter dated 26th December, 2024, withdrawing his bid. On query he submits, it was after opening of bid part-I on 21st December, 2024 and before opening of part-II bid, yet not notified when he withdrew his bid. Mr. Raj Mohan Upadhyaya, learned advocate, Additional Chief Standing Counsel appears on behalf of State. Mr. Kartikeya Saran, learned advocate appears on behalf of respondent nos.2 and 3 (the distribution company). He submits, petitioner made mis- declaration and hence, under the rules, the debarment followed. Petitioner says he is a small contractor and he made a mistake in complying with requisition on documents made in the tender. He also says, on discovery he withdrew his bid. To that extent, petitioner may make representation to respondent no.3 and in event said respondent finds, petitioner had withdrawn his bid without information had on rejection, said respondent may consider mitigation on imposition of the penalty of debarment. Said respondent, if communicated with certified copy of this order and such representation, will inform petitioner result of the consideration within three weeks thereafter. The writ petition is disposed of. Order Date :- 19.8.2025 Ashutosh (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad