Geeta Jeena vs. Government Of Nct Of Delhi And Ors.
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The petitioners, Afsana and Geeta Jeena, challenged the award of tender for shop numbers 25B and 47. They contended that the successful bidder, Mr. Raman Mittal, who is the sole proprietor of M/s Atlantic Enterprises, did not participate in the bidding process. The respondents, Government of NCT of Delhi and others, presented tender documents, a Bid Evaluation Committee report, and a GST Registration certificate issued in 2017 for M/s Atlantic Enterprises, identifying Mr. Raman Mittal as the sole proprietor. Documents also showed that M/s Atlantic Enterprises purchased tender documents on April 13, 2018. The Court considered these documents in relation to the petitioners' challenge.
Held
The Court held that the challenge to the award of tender to Mr. Raman Mittal, as the sole proprietor of M/s Atlantic Enterprises, was unmerited. The Court's reasoning was based on the documentary evidence presented by the respondents. The GST Registration certificate, issued in 2017, clearly identified M/s Atlantic Enterprises as a sole proprietorship concern of Mr. Raman Mittal. Furthermore, the tender documents were purchased by M/s Atlantic Enterprises on April 13, 2018. This evidence indicated that Mr. Raman Mittal, through his established proprietorship, was indeed a participant in the bidding process. Consequently, the Court found no basis for the petitioners' claim that the successful bidder had not participated. The petitioners subsequently sought and were granted liberty to withdraw their petition.
Key Issues
1. Whether the award of tender to Mr. Raman Mittal, as the sole proprietor of M/s Atlantic Enterprises, is invalid on the grounds that he did not participate in the bidding process (mixed question of law and fact). Petitioner's contention: The petitioner argued that Mr. Raman Mittal was not a participant in the bidding process, making the award of the tender to him invalid. Revenue/State's contention: The respondents presented tender documents, the Bid Evaluation Committee's report, and the GST Registration certificate for M/s Atlantic Enterprises, which identified Mr. Raman Mittal as the sole proprietor. They also submitted proof of M/s Atlantic Enterprises purchasing the tender documents. This implicitly argued that Mr. Raman Mittal, through his proprietorship concern, did participate and was a valid bidder.
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O R D E R %
2018
Mr.Sanjoy Ghose, Advocate appearing on advance notice has produced relevant tender documents. What the petitioner contends is that the successful bidder (in respect of shop Nos.25B and 47) cannot be Mr.Raman Mittal since he never participated in the bidding process. Copies of relevant tender documents as well Bid Evaluation Committee’s report disclose that Mr.Raman Mittal is the sole proprietor of M/s Atlantic Enterprises. The Court has also been shown copies of the relevant documents such as the GST Registration certificate (issued in 2017 in favour of M/s Atlantic Enterprises, shows to be the sole proprietorship concern of Mr.Raman Mittal) as well as the fact that the tender documents purchased by M/s Atlantic Enterprises on 13.04.2018. In these circumstances, the Court is of the opinion that the challenge to the award of tender to Mr.Raman Mittal as a sole proprietor of M/s Atlantic Enterprises is unmerited. Learned counsel for petitioner seeks liberty to withdraw this petition. Petition is dismissed as withdrawn.
S. RAVINDRA BHAT, J
A. K. CHAWLA, J MAY 22, 2018 ndn
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.