Afsana vs. Government Of Nct Of Delhi And Ors.
Original PDF →Facts
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's report, a GST Registration certificate issued in 2017 for M/s Atlantic Enterprises as a sole proprietorship of Mr. Raman Mittal, and proof of M/s Atlantic Enterprises purchasing tender documents on April 13, 2018. The Court considered these documents in relation to the petitioners' challenge.
Held
The Court found the challenge to the award of tender to Mr. Raman Mittal, as the sole proprietor of M/s Atlantic Enterprises, to be unmerited. This finding was based on the documentary evidence presented by the respondents. The Court was shown relevant tender documents, the Bid Evaluation Committee's report, a GST Registration certificate issued in 2017 in favour of M/s Atlantic Enterprises as the sole proprietorship of Mr. Raman Mittal, and confirmation that M/s Atlantic Enterprises purchased the tender documents on April 13, 2018. These documents collectively indicated Mr. Raman Mittal's participation and the validity of the award. Consequently, the learned counsel for the petitioner sought and was granted liberty to withdraw the petition. No specific provisions were discussed in detail, and the decision rested on the factual evidence presented.
Key Issues
1. Whether the award of tender to Mr. Raman Mittal, as the sole proprietor of M/s Atlantic Enterprises, is valid, considering the petitioner's contention that he did not participate in the bidding process? Petitioner's Argument: The petitioner argued that Mr. Raman Mittal, the successful bidder, did not participate in the bidding process, making the award to him invalid. The petitioner sought to challenge the legitimacy of the tender award based on this alleged non-participation. Revenue/State's Argument: The respondents, Government of NCT of Delhi and others, presented documentary evidence to counter the petitioner's claim. They submitted tender documents, the Bid Evaluation Committee's report, a GST Registration certificate for M/s Atlantic Enterprises (showing it as a sole proprietorship of Mr. Raman Mittal), and evidence of M/s Atlantic Enterprises purchasing tender documents. This evidence aimed to establish Mr. Raman Mittal's participation and the validity of the award.
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Cause title — parties, addresses and appearances
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.