2024 (10) TMI 1519 - HC - GST

Challenge to letter rejecting Petitioner s bid for providing man power services to Respondent No.2 - rejection of Letter of Intent by which Respondent No.2 asked Respondent No.3 i.e. M/s. Frontier Ex Servicemen Association, Latur to comply with certain conditions for issuance of work order in its favour - Respondent submitted that the Petitioner s contention of Respondent No.3 having submitted documents of another entity was plainly misconceived - HELD THAT - Petitioner on a perusal of the said GST Registration Certificate fairly accepted the contention of Respondent No. 3. The petition being devoid of merit, the same is accordingly dismissed.

Summary

Issues:
Challenge to rejection of bid for providing manpower services and issuance of Letter of Intent based on premeditated award and eligibility on the basis of documents pertaining to another entity.

Analysis:
The Petitioner sought to quash the rejection of their bid for providing manpower services and the issuance of a Letter of Intent to another entity by the Maharashtra State Board of Secondary and Higher Secondary Education. The challenge was based on the grounds that the Letter of Intent was issued before the Petitioner's financial bid was opened, and the entity to which the Letter of Intent was issued claimed eligibility based on documents belonging to a different entity. The Petitioner's counsel argued that the award of the Letter of Intent was premeditated and should be set aside. Additionally, it was pointed out that the documents submitted by the entity did not pertain to them but to another entity with a similar name.

In response, the counsel for the entity to which the Letter of Intent was issued refuted the Petitioner's contentions. It was argued that the Letter of Intent was issued and digitally signed after the Petitioner's financial bid was opened, despite being dated earlier. The counsel also clarified that the entity had not submitted documents of any third party but that the entity and the name mentioned in the documents were one and the same. A GST Registration Certificate was presented to support this claim, which the Petitioner's counsel accepted upon review.

Ultimately, the court found the Petition to be devoid of merit and dismissed it. The court concluded that the Letter of Intent was not issued before the Petitioner's bid was opened and that the entity had not submitted documents of another entity, as alleged by the Petitioner. The dismissal was based on the lack of substance in the Petitioner's contentions and the clarification provided by the entity's counsel regarding the identity of the entity mentioned in the documents.