Court : Guwahati
..... the respondent-authority was completely satisfied about the viability of the offer of the petitioner-firm both on technical and financial side. ..... vector engineers also submitted the tender papers, but the same was rejected on the very day of opening of the tender by the concerned executive engineer being informal and incomplete because of non-production of documents relating to its performance as per nit condition no. 3 (ii). ..... according to the state, the executive engineer was not authorised under the delegation of the financial power rules, tripura, 1994 to take any decision with regard to a contract of an estimated value of more than rs. .....
Tag this Judgment!Court : Guwahati
..... in moirangthem chaoba (supra), the division of this court has held that when the contract entered into by and between the state and persons agreed is non-statutory and purely contractual and the rights are governed only by the terms of the contract, no writ or order can be issued under article 226 of the constitution of india so as to compel the authorities to remedy a breach ..... the said case being one of where the contract entered into between the state and the person aggrieved was non-statutory and purely contractual and the rights and liability of the parties were governed by the terms of the contract and in exercise of executive power of the state, it was held that no writ or order can ..... submitted that it is for the bank to decide about the viability of the proposal for financial assistance.26. mr. g. ..... in view of the above, the petitioner by its various letters intimated the respondent that due to non-payment of the legitimate dues, non-grant of excise duty and sales tax exemption and non-issuance of factory and explosive licences, it was not in a position to drawn up schedule for trial production and eventual commencing of the commercial production in ..... the submission of the learned counsel for the petitioner that in absence of any counter affidavit filed by the union of india, the contentions raised in the writ petition go unrefined, he submitted that mere non-filing of counter affidavit cannot lead to the presumption that the contentions in the writ petitions are admitted. .....
Tag this Judgment!Court : Guwahati
..... while the learned counsel for the respondent-writ petitioner may be right in contending that any alternation/modification of the techno commercial bid in a two parts bid system would likely to have bearing on the financial offer, considering the nature of the clarifications sought for in the instant case, we are not in a position to concur with the submission that in the facts and circumstances of the case, it was obligatory on the part of the ..... chakravorty, learned counsel for the respondent-writ petitioner, while supporting the impugned judgment and order, has submitted in reply that the action of the state respondents in not opening the financial bid of the respondent-writ petitioner and thus excluding it from the tender process was, ex facie, illegal, arbitrary and discriminatory and, therefore, the learned single judge after considering all relevant aspects of the ..... the state respondents further categorically asserted that even if the work was allotted to the sole surviving tenderer it would not prejudice the' commercial viability of the project as the department would exercise strict, supervision and control in all matters relating to the execution thereof.5. ..... he contended that if the respondent-writ petitioner was allowed to offer a revised price bid, it would have amounted to permitting it to make a fresh offer on both techno commercial and financial aspects thus vitiating the tender process by vice of unfairness, discrimination and non-transparency in state action. .....
Tag this Judgment!Court : Guwahati
..... (1) to direct respondent 1 and 2 to constitute a committee comprising of experts in related fields to examine all aspects of the viability of the club including its financial viability and to formulate a revival scheme for the club as an existing organization or its re-location and merger with proposed aviation manpower training institute at lilabari, north lakhimpur within a period of three months. .....
Tag this Judgment!Court : Guwahati
..... the state has not placed relevant facts before the court, as to the necessity of taking a policy decision of laying down the criteria for the viability range so as to avoid speculative nature of price quotation and the resultant interruption or total stoppage of supply of rectified spirit or exerting pressure on the government to increase the price at a later stage and the state government's ..... the earlier process of settling the contract of supply of rectified spirit through lowest suitable tenderer, thus, proved to be impracticable causing unnecessary loss of revenue to the state due to non-supply or short supply of rectified spirit by the tenderer, mid-way enhancement of supply rate on pressure being exerted by contractors taking advantage of state's interest of regular and continuous supply of ..... for all-purpose, the tenderers must have the financial capacity to supply not only the requisite quantity of spirit, but they should also be in a position to maintain a minimum prescribed limit ..... in the realm of the policy decision of the government in financial matters, the range and the circumference of judicial review has been laid down by the ..... smooth flow of spirit to the warehouses financial soundness of the tenderer is a very ..... contract the settlement holders made it a regular practice to either short-supply or stop supply on the plea of rise in the price of spirit in the exporting states causing various administrative and financial problems including loss of government revenue.9. .....
Tag this Judgment!Court : Guwahati
..... company have no legal right to claim that the government should pay their salary or that the additional expenditure incurred on account of revision of their pay scales should be met by the government and that the economic viability or the financial capacity of the employer is an important factor which cannot be ignored while fixing the wage structure and revision of pay scales of the employees.14. ..... pay scale should be met by the government, doing employees of the companies it is the responsibility of the companies to pay them salary and if the company is sustaining losses continuously over a period and does not have the financial capacity to revise or enhance the pay scale the petitioners cannot claim any legal right to ask for a direction to the central government to meet the additional expenditure which may be incurred on account for revision of pay ..... 'the relevant portion of para 22 of the same judgment may as well be extracted hereunder :- 'the economic viability or the financial capacity of the employer is an important factor which cannot be ignored while fixing the wage structure, otherwise the unit itself may not be able to function and may have to close down which will inevitably have ..... being a loss incurring unit can be no ground for non-payment of the revised scale of pay etc. ..... the learned counsel also contends that the non-payment of revised h.r.a., c.a., c.a.s. ..... regarding the non-payment of d.a. .....
Tag this Judgment!Court : Guwahati
..... 2.5 crores (net worth), and frp documents were issued to the eleven selected bidders, which was ratified by the committee on 11.6.2007, but, strangely, the question of financial criteria was again taken up and that the committee in a most arbitrary manner changed the aforesaid criteria and proceeded to follow the 'point based scale' as suggested by the consultant vide the ..... 2 alleges that the writ petition has been filed by the petitioner with mala fide intention as he wants the hotel, which is located in close proximity to his centre point hotel, to remain non-operational so that his hotel business is not affected and that he, out of fear of healthy competition resulting from the operation of a star category hotel close to his own hotel, is determined to stall ..... 2 ridicules the doubts raised by the petitioner on his competence to run the hotel as he is a mere coal dealer and claims that an investor with adequate financial resources, be he a coal dealer or a transporter, can always successfully run a hospitality industry of any magnitude if he has proper operation and management tie-up with ..... 2, while quoting his rate, has naturally viewed the viability of the rate quoted by him from all feasibility angles and workable parameters and thereafter finally decided that the lease period of 33 years offers him ample opportunities to recover the expenditures ..... it is not for the state authorities to examine the viability of the rate quoted by the bidder since the interest of the state lies .....
Tag this Judgment!Court : Guwahati
..... the chief secretary of the state on 23.12.2004, in which the additional chief secretary, principal secretaries, commissioners and secretaries of the administrative departments of state public sector undertakings, principal secretary, planning and development department (p & d) department, financial commissioner and chief executives of the enterprises had participated, it was decided amongst others, that all administrative departments of the state public sector undertakings would identify and undertakings to be closed or revived in the state public ..... as several public sector undertakings for different reasons demonstrated signs of non-viability, resulting amongst others to the non payment of the salary of their employees, a committee consisting of employees of 49 such public sector undertakings, baptized as the committee for struggle to revive public sector undertakings approached this court with pil ..... 2 and 6, in their affidavit, while admitting that the corporation had been sustaining loss continuously for a long period for which it lacked in financial capacity to pay the salary of its employees regularly, pleaded that though, it was a government company under the companies act, 1956, it was its responsibility to earn revenue through its own resources to manage its ..... recommended that the corporation be closed down to prevent further drainage on the state exchequer as the prevalent financial health of the corporation could neither attract the institutional funds nor banks finance. .....
Tag this Judgment!Court : Guwahati
..... the respondent-authorities that there are several sets of parameters, which are to be taken into consideration by the competent financial authority as per terms and conditions of the contract amongst other things and the financial authority is empowered either to accept or reject any tender in whole or in part without assigning any reason or cause ..... be able to do so and still prescribe a far higher viability range.....thirdly, the division bench states repeatedly in its judgment that having determined the 'viability range', the government called upon only the appellant-dutta associates (third respondent in the writ petition/writ appeal) to make a counter-offer to come within the viability range and that his revised offer at the higher limit of ..... say that after receiving the tenders, the commissioner/ government would first determine the 'viability range' and would then call upon the lowest eligible tenderer to make counter-offer. ..... tender notice, according to the apex court, ought to have stated that after receiving the tenders, the commissioner/government would, first, determine the viability range' and would, then, call upon the lowest eligible tenderer to make a counter-offer and, secondly, the concept of viability range' was not appealing to reasons. ..... in the present case, since the question of viability range is not involved, one has no option, but to hold that if in a tender process, the tender notice does not state as to what considerations would prevail upon the authorities .....
Tag this Judgment!Court : Guwahati
..... plant in our own agbpp project as the sub-contractor of bhel.this is a single bid tender and we have the right to negotiate with the 1st lowest particularly when the financial involvement between the 1st lowest and the 2nd lowest is too high and both the bidders have taken technical as well as commercial deviations. ..... with the 1st lowest may be carried out by a committee to freeze the techno-commercial parameters within a maximum of the evaluated financial involvement so that a concrete proposal may be placed to the board for their consideration. ..... the above opinion although obtained after finalisation of the contract shows the viability of the offer made by the writ petitioner. ..... to satisfy this requirement of non-arbitrariness in a state action, it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse of ..... corporation of india (air 1993 sc 1601) (supra), in para 7, the supreme court observed as follows : 'in contractual sphere as in all other state actions, the state and all its instrumentalities have to conform to article 14 of the constitution of which non-arbitrariness is a significant facet. ..... in the event of non-fulfilment of resins life guarantee, the contractor shall supply at site at the no extra cost to the purchaser, one (1) complete charge of resin for the exchanger for which the guarantee is not .....
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