Pune civic body's work order in favour of Co was proper: HC



Mumbai: The Bombay High Court has refused to entertain a petition praying for quashing the decision of Pune Municipal Corporation to award a tender to a Pune-based company for computerising Octroi posts and departments at various places within the civic body limits.

Justices Mridula Bhatkar and A M Khanvilkar observed that in this case no interference in exercise of writ jurisdiction was warranted. Accordingly, they dismissed the petition filed by Vidarbh Infotech Pvt Ltd, a Nagpur-based company, on January 3.

The petitioner company had also prayed that the tender should be awarded to it and not to the Pune-based company, Priyatech Solutions Pvt Ltd.

The petitioner argued that the court must lean in its favour and should not reject it merely because the work order has already been issued to the Pune-based company as back as on March 5, 2011.

The petitioner further argued that its case should not be dismissed merely because Priyatech Solutions incidentally happens to have given offer much below its offer.

This defence cannot stand the test of judicial scrutiny, if Priyatech Solutions has failed to fulfil the qualification criteria, contended the petitioner.

However, the judges noted, "Suffice it to observe that we are not at all impressed by the principal grounds on which the petitioner expects this court to interdict the tender process and the work order in question.

"It would have been a different matter if the petitioner had substantiated at least one ground of non-fulfilment of qualification criteria by the respondent no 2 (Priyatech Solutions) in which case, the court could have passed suitable order and moulded the relief," the judges observed.

During the pendency of this petition, a work order was issued by Pune Municipal Corporation on March 5, 2011, on the basis of which Priyatech Solutions has already commenced work of computerisation of 38 Octroi posts and departments at various places in Pune.

PTI