Page No.# 1/12 vs The State Of Assam And 4 Ors on 11 June, 2025

0
36

Date : 11-06-2025

Heard Mr. P.J. Saikia, learned Senior Counsel for the review petitioners
assisted by Mr. K.J. Saikia, learned counsel. Also heard Mr. P. Nayak, learned
counsel for the respondent nos.1, 2 & 3.

2. The review petitioners have prayed for review of the impugned judgment
Page No.# 3/12

and order dated 16.05.2025 passed in WP(C) 2068/2025 on three grounds.
Firstly, there is a mistake in paragraph-32 of the judgment and order, where this
Court has inadvertently held that there was no reason for the Court to interfere
with two out of the three reasons given by the respondents for disqualifying the
petitioners’ technical bid. As this Court, in the said impugned judgment and
order, had already set aside two out of the three reasons for disqualifying the
petitioners’ technical bid, instead of the word “two” in the second line of
paragraph-32, the word should be read as “one”. Secondly, the State
respondents never asked the petitioners to make a clarification with regard to
the Tax Invoice dated 20.10.2024. Thirdly, though this Court had held in the
impugned judgment and order that there was no reason to disagree with the
findings of the State respondents that the petitioners Tax Invoice dated
20.10.2024 referred to only one Air Compressor (Trolley Mounting), the
petitioners had obtained a price breakup dated 16.05.2025 in relation to the Tax
Invoice dated 20.10.2024, after the impugned judgment and order had been
passed, which was to the effect that the Tax Invoice was issued in relation to
two Air Compressors, 1 Air Compressor was Trolley Mounted, while another Air
Compressor was Tractor Mounted, which were bought by the petitioners at the
rate of Rs.35,00/-and Rs.1,30,000/- respectively. The review petitioners’ counsel
submits that the said errors being apparent on the face of record and as the
breakup showed that the petitioners had 2 Air Compressors and not one Air
Compressor, the impugned judgment and order should be reviewed, by recalling
the impugned judgment and order and allowing the writ petition.

[ad_1]

Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here