W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 1 of 1 1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) 1. W.P(C) No. 2718 of 2011 Petitioners: 1. M/s. Khirud Kumar Bordoloi, A proprietorship firm being represented by its proprietor Sri Khirud Kumar Bordoloi, son of Sri Umesh Chandra Bordoloi, Resident of Sarvodaya Adarsh Gaon, Post Office, Gargaon, District: Sivasager, Assam. 2. M/s. Welldo Enterprise, A proprietorship firm being represented by its authorized signatory Sri Jhantu Das, Son of Sri Jogadish Chandra Das, Resident of Babu Patty, Sivasagar, Post office:Sivasagar, Dist. Sivasagar, Assam. 3. M/s. J.M. Agarwalla & Co., A partnership firm being represented by its partner Sri Sanjay Kumar Jhuria, Son of Late J. M Agarwalla, Resident of B.G. Road, Post office & District: Sivasagar, Assam. 4. M/s. R. L. Agarwalla & Co., A partnership firm being represented by its partner Sri Ranji Lal Agarwall, son of Sri Late Hari Bux Agarwalla, Resident of B.G. Road, Post Office & District: Sivasagar, Assam. 5. M/s. B.K. Gogoi, A proprietorship firm being represented by its proprietor Sri Budhin Kumar Gogoi Son of Late Jagat Gogoi, Care of Madhav Timber. A.T Road, Sivsagar, Post office & District-Sivasagar, Assam. 6. M/S Khagen Gogoi, A Proprietorship firm being represented by its proprietor Sri Khagen Gogoi, Son of Late Indreswa Gogoi, Resident of Solapathar near GGS-1, Post Office : Lakwa, District : Sivasagar, Assam. 7. M/S Ruhini Gogoi, A Proprietorship firm being represented by its proprietor Sri Ruhini Gogoi, Son of
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W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 1 of 1
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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR,
TRIPURA, MIZORAM AND ARUNACHAL PRADESH)
1. W.P(C) No. 2718 of 2011
Petitioners:
1. M/s. Khirud Kumar Bordoloi, A proprietorship firm being represented by its proprietor Sri Khirud Kumar Bordoloi, son of Sri Umesh Chandra Bordoloi, Resident of Sarvodaya Adarsh Gaon, Post Office, Gargaon, District: Sivasager, Assam. 2. M/s. Welldo Enterprise, A proprietorship firm being represented by its authorized signatory Sri Jhantu Das, Son of Sri Jogadish Chandra Das, Resident of Babu Patty, Sivasagar, Post office:Sivasagar, Dist. Sivasagar, Assam. 3. M/s. J.M. Agarwalla & Co., A partnership firm being represented by its partner Sri Sanjay Kumar Jhuria, Son of Late J. M Agarwalla, Resident of B.G. Road, Post office & District: Sivasagar, Assam. 4. M/s. R. L. Agarwalla & Co., A partnership firm being represented by its partner Sri Ranji Lal Agarwall, son of Sri Late Hari Bux Agarwalla, Resident of B.G. Road, Post Office & District: Sivasagar, Assam. 5. M/s. B.K. Gogoi, A proprietorship firm being represented by its proprietor Sri Budhin Kumar Gogoi Son of Late Jagat Gogoi, Care of Madhav Timber. A.T Road, Sivsagar, Post office & District-Sivasagar, Assam. 6. M/S Khagen Gogoi, A Proprietorship firm being represented by its proprietor Sri Khagen Gogoi, Son of Late Indreswa Gogoi, Resident of Solapathar near GGS-1, Post Office : Lakwa, District : Sivasagar, Assam. 7. M/S Ruhini Gogoi, A Proprietorship firm being represented by its proprietor Sri Ruhini Gogoi, Son of
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 2 of 2
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Late Dharmeswar Gogoi, Resident of Mout Gaon, Post Office, Mout Gaon, District :Sivasagar, Assam. 8. M/S Pradip Kr. Dutta, A proprietorship firm being represented by its proprietor Sri Pradip Kumar Dutta, Son of Sri Debenanda Dutta, Resident of Janaki Nagar, Post Office : Dhuliapar, District : Sivasagar, Assam. 9. M/s. Engineering Enterprise, A proprietorship firm being represented by its proprietor Sri Chittaranjan Boruah, Son of Sri Durgeswar Sarmah Bourah, Resident of BOC Gate, Post Office : Duliajan, District : Dibrugarh, Assam. 10. M/s. S. M. Agarwalla, A partnership firm being represented by its partner Sri Sanwarmal Agarwalla, Son of Late H.P. Agarwalla, Resident of Station Road, Post office : Nazira Dist: Saivasagar, Assam. 11. M/s. Gajanand Agarwalla. A proprietorship firm being represented by its partner Sri Gajand Agarwalla, Son of Late Dhiraj Agarwalla, Resident of Singh Doullah Road, Post office & District-Sivasagar, Assam. 12. M/s. Pradip Sharma, A partnership firm being represented by its authorized signatory Sri Diganta Mishra, Resident of Khijnoor Ali Road, Post Office & District Sivasager, Assam. 13. M/s. Kakoti Engineering Works. A partnership firm being represented by its partner Sri R.P. Kakoti, Son of Late Ram Prasad Kakoti, Resident of A.T Road, Post Office & District : Saivasagar, Assam.
14. M/s. Swastik Engineering Works, A proprietorship firm being represented by its proprietor Sri Shiv Bhagwan Agarwalla, Son of Late Hariram Agawalla, Resident of Old Balibat, Jorhat, Post Office & District : Jorhat, Assam.
15. M/s. Santosh Sahewalla, A partnership firm being represented by its partner Shi Santosh Sahewalla, Son of Late Surajmal Sahewalla, Resident of
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 3 of 3
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L.K.B Road, Post office & Dist: Sivasagar, Assam. 16. M/s. Lakwa Construction & Co., A partnership firm being represented by its partner Sri Arindam Baruah, Son of Sri Puto Baruah Amolapatty, Phanidhar Chaliha path, Behind Kamakhya Girls High School, District: Sivasagar, Assam.
By Advocate :
Mr. N. Dutta, Senior Advocate, Mr. N.N. B. Choudhury, Advocate, Mr. M. H. Choudhury, Advocate.
Respondents :
1. The Oil and Natural Gas Corporation Ltd. (A Company constituted under the provisions of Indian Companies Act, 1956 having its head office at Jeewan Bharati Tower II, 124 Connought Circus, New Delhi) 2. The Executive Director, ONGC, ERBC, Assam, Asset, Nazira, Post Office : Nazira, District : Sibsagar, Assam. 3. The Group Manager – HMM, ONGCL, ERBC, Assam Asset, Nazira, Post Office : Nazira, Dist. Sivasagar, Assam. 4. The Manager(MM), R.O.B II, ONGCL, Nazira, Post Office; Nazira, District. Sivasagar, Assam. 5. M/s. Salasar Steel Udyog, A.T Road, Sivasagar- 785 640.
Mr. K. N. Choudhury, Senior Advocate. Mr. N. Anix Singh, Advocate. Mr. J.I. Borbhuia, Advocate.
2. W.P(C) No. 5211 of 2011
Petitioner:
M/s. Zeeneel Construction & Maintenance, A partnership firm, represented by one of its partner Shri Naresh Kumar Chaturbhai Prajapat, having its registered office at G-1, Dharnendra Apartments, Jonapark
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 5 of 5
Mr. D. Das, Senior Advocate. Mr. R. Sinha, Advocate. Respondents :
1. The Union of India, Represented by its Secretary, Petroleum Department, New Delhi.
2. The Oil and Natural Gas Corporation Ltd. (A company constituted under the provisions of Indian companies Act, 1956) having its head office at Jeewan Bharati Tower II, 124 connought circus, New Delhi.
3. The Executive Director, ONGC, ERBC, Assam, Asset, Nazira, Post Office: Nazira, District: Sivasagar, Assam.
4. The Group Manager-HMM, ONGCL, ERBC, Assam Asset, Nazira, Post Office, Nazira, District: Sivasagar, Assam. 5. The Manager (MM), R.O.B.II, ONGCL, Nazira, Post Office: Nazira, District: Sivasagar, Assam.
6. M/s. Lakwa Steel Construction. A partnership firm being represented by its partner Sri Arindam Baruah, Son of Sri Puto Baruah Amolapatty, Phanidhar Chaliha path, Behind Kamakhya Girls High School, District: Sivasagar, Assam, PIN- 785 640.
7. M/s. Assam Equipment & Energy Service Pvt. Ltd. A partnership firm being being represented by one of its partner Sri Arindam Baruah, Son of Sri Puto Baruah Amolapatty, Phanidhar Chaliha path, Behind Kamakhya Girls High School, District: Sivasagar, Assam, PIN- 785 640.
8. M/s. Lakwa Construction & Co., A partnership firm being represented by its partner Sri Arindam Baruah, Son of Sri Puto Baruah Amolapatty, Phanidhar Chaliha path, Behind Kamakhya Girls High
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 6 of 6
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School, District: Sivasagar, Assam, PIN- 785 640. 9. M/s. Salasar Steel Udyog, A.T Road, Sivasagar- 785 640. 10. M/s. Rangpur Steel Udyog, Sivasagar. Represented by one of its partner Mr. Rajesh Agarwalla, son of Ramji Lal Agarwalla, Resident of B.G. Road, Sivasagar, Assam, Pin- 785 640.
11. M/s. M/s. N. K. Jjuria, A partnership firm being represented by its partner Sri Nirmal Kumar Jhuria, Police Station:Sivasagar, District: Sivasagar, Assam, PIN- 785 640.
12. M/s. J.M. Agarwalla, A partnership firm being represented by its partner Sri Sanjay Kumar Jhuria, Son of Late J.M Agarwalla, Resident of B.G. Road, Post office & District: Sivasagar, Assam, Sivasager.
13. M/s. R. L. Agarwalla & Co., A partnership firm being represented by its partner Sri Rajesh Agarwall, son of Sri Ramji Lal Agarwalla, Resident of B.G. Road, Post Office & District: Sivasagar, Assam.
14. M/s. Trije Engineers, Rept. by Sri Gautam Bhai Bechardas Patel, D-40, First Floor, Pancharntna Complex, near Modhera Charasta Highway, Mehsana, Gujarat, PIN- 384002.
15. M/s. DU Point Engg. Works, Rept. by Bishnu Bhai Pajidas Patel, D-40, First Floor, Pancharntna Complex, near Modhera Charasta Highway, Mehsana, Gujarat, PIN- 384002.
16. M/s. Pradip Sharma, A partnership firm being represented by its authorized signatory Sri Diganta Mishra, Resident of Khijnoor Ali Road, Post Office & District Sivasager, Assam. 17. M/s. Welldo Enterprise, A proprietorship firm being represented by its authorized signatory Sri Jhantu Das, Son of Sri Jogadish Chandra Das,
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 7 of 7
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Resident of Babu Patty, Sivasagar, Post office:Sivasagar, Dist.Sivasagar, Assam. 18. M/s. B.K. Gogoi, A proprietorship firm being represented by its proprietor Sri Budhin Kumar Gogoi Son of Late Jagat Gogoi, Care of Madhav Timber. A.T Road, Sivsagar, Post office & District-Sivasagar, Assam. 19. M/s. Gajanand Agarwalla. A proprietorship firm being represented by its partner Sri Gajand Agarwalla, Son of Late Dhiraj Agarwalla, Resident of Singh Doullah Road, Post office & District-Sivasagar, Assam. 20. M/S Pradip Kr. Dutta, A proprietorship firm being represented by its proprietor Sri Pradip Kumar Dutta, Son of Sri Debenanda Dutta, Resident of Janaki Nagar, Post Office : Dhuliapar, District : Sivasagar, Assam.
21. M/S Sontosh Sahewalla, A partnership firm being represented by its partner Sri Santosh Sahewalla, Son of Late Surajmal Sahewalla, Resident of L.K. B. road, Post Office & District, Sivasagar, Assam, Pin-785640. 22. M/S Kalyan Enterprise, A partnership firm being represented by its partner Sri Kalyan Gogoi, Bokota Nemugiri, Post Office & Police Station : Titai Pukhuri, Sivasagar, Assam, Pin-785 685.
23. M/S Ruhini Gogoi, A Proprietorship firm being represented by its proprietor Sri Ruhini Gogoi, Son of Late Dharmeswar Gogoi, Resident of Mout Gaon, Lakwa, Post Office, Mout Gaon, District :Sivasagar, Assam. Pin. 785688.
24. M/S Khagen Gogoi, A Proprietorship firm being represented by its proprietor Sri Khagen Gogoi, Son of Late Indreswa Gogoi, Resident of Solapathar near GGS-1, Post Office : Lakwa, District : Sivasagar, Assam. 25. M/S Jintu Dutta, Represented by its partner Sri Jintu Dutta, Resident of
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 8 of 8
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Phukan Nagar, Post Office; Phukan Nager, Police Station : Sivvsagar, Sivasagar, Assam, Pin-785 640. 26. M/s. Mech Technik (India) Pvt. Ltd. Guwahati. C/o.M/s. Lakwa Construction & Co., A partnership firm being represented by its partner Sri Arindam Baruah, Son of Sri Puto Baruah Amolapatty, Phanidhar Chaliha path, Behind Kamakhya Girls High School, District: Sivasagar, Assam, PIN- 785 640. 27. M/s. K. K. Bordoloi, A proprietorship firm being represented by its proprietor Sri Khirud Kumar Bordoloi, Son of Umesh Chandra Bordoloi, Resident of Sarvodaya Adarsh Gaon, Post Office : Gargaon, Dist: Saivasagar, Assam. 28. M/s. J.M. Engineering & Co., Jyoti Nagar, Post Officer: Parbatpur, Dibrugarh- 786 623. 29. M/s. Engineering Enterprise, A proprietorship firm being represented by its proprietor Sri Chittaranjan Boruah, Son of Sri Durgeswar Sarmah Bourah, Resident of BOC Gate, Post Office : Duliajan, District : Dibrugarh, Assam. 30. M/s. Kakoti Engineering Works Pvt. Ltd. A partnership firm being represented by its partner Sri R.P. Kakoti, Son of Late Ram Prasad Kakoti, Resident of A.T Road, Post Office & District : Saivasagar, Assam.
31. M/s. B.K. Agarwalla Geleky, Represented by Sri Biju Kr. Agarwalla, Athkel Agleky, P.O & P.S : Geleky, Dist: Saivasagar, Assam. PIN- 785685.
32. M/s. S. M. Agarwalla, A partnership firm being represented by its partner Sri Sanwarmal Agarwalla, Son of Late H.P. Agarwalla, Resident of Station Road, Post office : Nazira Dist: Saivasagar, Assam. 33. M/s. Swastik Engineering Works, A proprietorship firm being represented by its proprietor Sri Shiv Bhagwan Agarwalla, Son of Late Hariram Agawalla,
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 9 of 9
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Resident of Old Balibat, Jorhat, Post Office & District : Jorhat, Assam.
34. M/s. Kakoti Engineering Works, A partnership firm being represented by its partner Sri R.P. Kakato, Son of Late Ram Prasad Kakoti, Resident of A.T. Road, Post Office & Dist. Sivasagar, Assam.
By Advocates:
Mr. K. N. Choudhury, Advocate. Mr. B. K. Das, Advocate.
B E F O R E THE HON’BLE MR. JUSTICE S. TALAPATRA
Date of hearing : 23rd February, 2012. Date of Judgment : 6th August, 2012.
J U D G M E N T AND O R D E R
The writ petitions are tied up on considering that a common
thread of the challenge binds by the genus and also for the reason that
sans some variation of facts, commonness is discernible to which the
learned counsel for the parties as well have agreed to.
2. The grievance in both the cases emanates from a
corrigendum dated 02.05.2011 by enlarging the scope of participation of
the prospective bidders after pre-bid conference held on 06.12.2010 in
respect of the tender No. NZR/MM/SC/ES/AMC-Flow Line/03/2010-
11/R16TC10006 dated 08.11.2010 was issued by the competent authority
of the ONGC for collecting rate contract for laying of Oil/Gas/Water
injection pipelines in the oil field of Assam Asset in W.P(C) No. 5211 of
2011 (M/s. Zeeneel Construction & Maintenance Vrs. Union of India and
Others) hereinafter referred to as the Zeeneel. The similar tender was
W.P(C) No. 2718 of 2011 & W.P(C) No. 5211 of 2011 Page 10 of 10
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floated by the competent authority in the ONGC by the Notice Inviting