9911796707
TMI Blog2005 (2) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... 03 filed before the High Court of Orissa at Cuttack. One appeal arises out of an order dated 22.8.2003 made by the High Court in the main writ petition (c) No. 3592/03). The connected appeal arises out of an order made on 22.12.2003 by the High Court in Review Petition No. 127 of 2003. 4. Writ Petition (c) No. 3592 of 2003 was filed by the contesting respondent herein viz. respondent No.3. In the said writ petition the said respondent sought for an order quashing the tender process held for Bolangir Bhawanipatna territory whereby the second respondent herein had rejected the tender of the said respondent herein for providing pre-paid telephone services in the district of Bolangir - Bhawanipatna. It was the contention of the said respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one hence, the court was misled to pass the original order allowing the writ petition. The High Court, however, dismissed the review petition observing: ...Thus, the basis of the judgment under review is not only that the writ petitioner had furnished the report/certificate of the Chartered Accountant the genuineness of which is under challenge in this review application but also that the entire tender process stood vitiated on account of absence of clear stipulation in the advertisement or the notice inviting tenders. 8. Having been unsuccessful in the review petition the appellant is now before us in these two appeals challenging both the orders made in the main writ petition as well as in the review petition by the High Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ales tax turnover whereas the profit and loss account was never produced as certified along with the tender form and was filed for the first time before the High Court in the writ petition, therefore, when the tender of the said respondent was considered there was no material to find out what exactly was the profit and loss account for the year 2001-02 evidencing sale turnover as required in Appendix- C, Annexure-J and Checklist Clause 6 (c) of the tender documents. It is the contention of the learned counsel for the appellant as also of the learned counsel for the department that because of the non- supply of this material information the offer made by the respondent had to be rejected. The learned counsel then pointed out from the judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally proof of turnover for the relevant year 2001-02. We have already noticed from the various conditions in the tender form and annexures annexed thereto that production of supporting documents wherever applicable in Annexure I J was one of the requirements of the tender and Annexure J specifically required at Sl. No. 7 the proof of turnover of the firm over the last two relevant years with supporting documents. The same annexure also required the tenderer to produce proof of work experience for the last two years with full details and supporting documents and the checklist had specifically mentioned that the production of proof of turnover with latest profit and loss account dully certified by a Chartered Accountant was a mandatory requ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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