9911796707
TMI Blog2024 (7) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... g for 5 years within the State of Bihar. Annexure-P2 indicates the name of the firm and also its Head Office address which is at Guwahati. The year of establishment is said to be on 13.03.1961 and the same is continuing as a partnership firm. The constitution of the firm under GST IAN is said to be 01.01.2019 but specifically with respect to the Head Office. The address of the Branch Office at Patna is also shown in the order but, however, there is nothing to indicate that as per ICAI Records the Branch Office was situated continuously in Bihar since more than 5 years. Annexure-D produced along with Supplementary Counter Affidavit dated 29.11.2023 indicates the specific reason for disqualification of the petitioner who figures at Serial No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llement. 2. The learned counsel for the respondent, however, points out that the Corrigendum did not modify the condition which the petitioner failed to satisfy, which also led to disqualification. 3. The Notice Inviting Tender is produced as Annexure-1, which was in January 2023. The last date of submission of tenders was on 08.04.2023, which was extended to 08.05.2023. The Corrigendum was issued on 27.04.2023. The specific ground on which the petitioner s firm has been disqualified is the fact that they have not proved that they had a Branch Office within the State of Bihar for the last 5 years. 4. We have looked at the NIT which indicates; in the pre-evaluation criteria of empanelment of Chartered Accountant Firms at clause (6)(b) relati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Branch Office in Bihar for the last 5 years continuously without break, as per ICAI Records and that it should submit sufficient proof of bank accounts in existence in Bihar, since the last 12 months as on 01.01.2023. The 5 year period was stipulated in the original NIT as also in the amended Corrigendum. 7. The petitioner had submitted his tender on the last date, i.e. 08.05.2023. As we noticed even the original NIT contained the stipulation that the branch office should have been working for the last 5 years, so the date of submission of tender is not relevant. 8. The learned counsel for the petitioner refers to Annexure-P2 to establish that the petitioner was working for 5 years within the State of Bihar. Annexure-P2 indicates the name ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
