HIGHCOURTOFOHHATTISGARHATBILASPUR Coram: Petitioner Respondents. Hon' bleShri DhirendralVIishra, & Hon' ble Shri R.N. Ghandrakar, JJ Writ Petition (C)No. 5147 of 2010 Vs. Oriental Insurance Co. Ltd., through Senior Divisional Manager, Divisional Office -1, Raipur, Madina Manzil, Jail Road, Raipur (CG) 492 001. 1. Chhattisgarh Electricity State Holding Co. Ltd., Danganiya, Raipur fCG) through the Executive Director (HR). 2. The Additional General Manager (HR), Chhattisgarh Electricity State hlolding Co. Ltd., Danganiya, Raipur (CG). (Writ Petition underArticle 226 ofthe Constitution of India) Present: Ms. Chitra Shritava, counsel for the petitioner. Mr. A.S. Gaharwar, Sr. Advocate with Shri Y.S. Thakur. counsel forthe respondents. Mr. Y. Vithalani, Divisional Manager, Bilaspur and Officer-in-charge of the case ofthe petitioner/Oriental Insurance Co. Ltd., is present. Mr. Atul Tiwari, Welfare Officer, Raipur and Officer-in-charge of the case of the respondents is present. ORAL ORDER (Passedon 9-9-2010) Per Dhirendra Mishra, J. Petitioner/lnsurance Company is aggrieved by stipulation in paraS of the tender nQfi.ce wherein it has been mentioned that for the year 2008-2009 and 2009-2010 the employees were insured under the scheme by the petitioner/insurance company. If the petitioner settles the previous claims arising out of the earlier agreement before the date of submission of tender ^ -2-- form i.e., 09-09-2010, in that case only the petitioner's bid for the present work would be entertained. Shri Yogesh Vithalani, Divisional Manager, Oriental Insurance Company and Officer-in-Charge ofthe case ofthe petitioner with Ms. Chitra Shrivastava, learned counsel appearing for the petitioner, submits that if the respondents/ctaimants furnish all the documents with their claims mentioned in the earlier agreement entered into between the petitioner/lnsurance Company and the predecessor Board, all claims would be settled within a period of 15 daysfrom receipt of claims. The statement made by the petitioner is taken on record. They further submit that in response to the earlier tender notice, petitioner submitted its tender on 30-7-2010 (Annexure P/2) quoting its rate vide (Annexure P/3). The tender was opened on the same day at 4.00 p.m. in presence of the petitioner and the rate quoted by the petitioner was the lowest. However, the tender of the petitioner was cancelled and fresh tenders were invited on 28-8- 2010 with the objection clause as mentioned above. In these circumstances, in this petition the petitioner has prayed for direction to the respondents for withdrawing their action of re-tendering and award the work to the petitioner being the lowest bidder in the earlier tender. They further submit that they are not pressing the above relief and they only pray for a direction to the respondents to permit them to participate in the subsequent tender process. Shri Atul Tiwari, Welfare Officer and Officer-in-Charge of the case of ttie respondents with Shri A.S. Gaharwar, learned Sr. Advocate with Shri Y.S. Thakur, counsel for the respondents submits that in view of the above submission made by the petitioner, the respondents shall permit the petitioner to participate in the present tender process provided they are eligible to participate as per eligibility criteria, notwithstanding clause 8 of the Notice Inviting Tender provided that they are otherwise, eligible to participate in the tender process as per other conditions of the tender. •""!" s'^ Raju 6'^ '?- In view of the above submissions made by learned counsel for the parties, nothing survives in this petition. Accordingly, the petition is accordingly disposed of. Certified copy today as per rules. Sd/- Dhirendra Mishra Judge SdA R.N. Chandrakar Judge