Skyy Rider Electric PVT. LTD. vs. Collector, Debagarh
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Cause title — parties, addresses and appearances
ORDER 18.03.2024
Order No.
This matter is taken up through hybrid mode.
None appears for the petitioner at the time of call.
Heard Mr. P.P. Mohanty, learned Addl. Government Advocate for State-opposite parties.
The petitioner has filed this writ petition assailing the allotment done in favour of O.P. No.4 vide Annexure-4. 5. Mr. P.P. Mohanty, learned Addl. Government Advocate for State-opposite parties contended that the petitioner has not satisfied the requirement of the tender documents more particularly the Sealed Limited Tender Enquiry Notice No.3212 dated 28.12.2021 to the following effect:- “The quoted amount is inclusive of all taxes and fees (including transporting charges, installation charges and delivery charges of the articles). The material will be delivered at GP points.”
So far as the petitioner’s company is concerned, the Quotation/Tender Committee Meeting in connection with battery power garbage tricycle for 7(seven) G.Ps. of panchayat samiti under SBM Scheme held on 05.01.2022 at 4.00 PM. in the Office chamber
of the Block Development Officer, Barkote observed as follows:- “Skyy Ridder Electric Limited, 1st Floor, Flat No.103, Green Square Reside NCY, BJB Nagar, Bhubaneswar has quoted the 2nd lowest price, i.e. 16,17,000/-(including GST) and as per its quotation, loading carrying capacity of the van is 310 Kg. only, also not quoted about RTO registration and insurance of the van and the tenderer or its representative was not present Tender Committee meeting.
Further, the quotationer has mentioned the following terms and conditions:
Payment terms: 50% advanced during order.
The order will be delivered after clearance of 100% payment.
The above is an estimated value, actual cost may vary as per requirement.
No responsibility for any damage of goods during transit.
The above cost does not include vehicle transportation charges.
We shall give six month warranty on the said component for the respective vehicle w.r.t. completion of maintenance work for these vehicles.
All disputes are subject to Bhubaneswar juri iction only.
Whereas, it was mentioned in Quotation Call notice that "The quoted amount is inclusive of all taxes and fees (including transporting charges, installation charges and delivery charges of the articles). The materials will be delivered at G.P. points." In the 2nd Para of the 1st page.
In view of the above, the committee of the view that the rate quoted in this case is not ascertained. Besides, the quotationer is not fulfilling the terms and conditions of the quotation mentioned as above.”
Since the petitioner has not satisfied the requirement as per the tender documents, this Court does not find any illegality or irregularity to have been committed by the tendering authority.
In view of the above, the writ petition merits no consideration and the same stands dismissed.
S.Sasmal
(DR. B.R. SARANGI) JUDGE
(G.SATAPATHY)
JUDGE
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.