CWP No.8916 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 8916 of 2011 Date of Decision: 19.5.2011 M/s Aggarwal Pumps and Pipe ....Petitioner. Versus State of Punjab and others . ..Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. R.S.Rai, Sr.Advocate with Mr. Vishal Garg, Advocate for the petitioner. Adarsh Kumar Goel, ACJ. This petition seeks quashing of tender No.603 dated 25.4.2011 in respect of supply of ERW MS Pipes. Case of the petitioner is that it is engaged in supplying tubewell accessories, MS pipes and other allied products. The Irrigation department had been procuring the said products at rate contract basis. However, by way of impugned tender, bids were invited. Though the bid of the petitioner was lower to the bid of respondent Nos. 4 and 5, it does not fulfil the condition of having experience of supplying requisite material to the government departments as the government departments as per earlier policy were not purchasing the said items on rate contract basis. In the process, respondent Nos. 4 and 5 may be benefited but the department may suffer loss of about Rs.2 crores which is the difference between the rate 1 CWP No.8916 of 2011 offered by the petitioner and the rate offered by respondent Nos. 4 and 5. The petitioner made representation dated 3.5.2011, Annexure P.6 which has not been taken into account. Without expressing any opinion on merits at this stage, we direct respondent No.1 to take a decision on the representation of the petitioner in accordance with law within one week from the date of receipt of a copy of this order subject to the petitioner supplying the said order within one week. If no decision is taken before receiving a copy of this order, the department may not finalise the matter without taking a decision on the representation of the petitioner. The petition is disposed of accordingly. (Adarsh Kumar Goel) Acting Chief Justice May 19, 2011 (Ajay Kumar Mittal) ‘gs’ Judge 2 CWP No.8916 of 2011 3