IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No. 21114 of 2008 Date of decision:3.7.2009 M/s N.K.& Company ......Petitioner. Vs. Food Corporation of India and others. ...Respondent CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MRS.JUSTICE DAYA CHAUDHARY PRESENT: Mr.Gurminder Singh, Advocate, for the petitioner. Mr. D.V.Sharma, Sr. Advocate with Ms. Shivani Sharma, Advocate, for respondents No. 1 and 2. Mr.K.K.Goel, Advocate, for respondent No.3. **** ADARSH KUMAR GOEL, J. (Oral) 1. This petition seeks quashing of contract awarded to respondent No.3 by respondents No. 1 and 2 in pursuance of tender notice dated 4.11.2008 (Annexure P-1) for 'Handling Transport Contractor' for a period of two years. 2. The grievance of the petitioner, whose bid price was found to be higher, was that technical bid of respondent No.3 itself should have been rejected as he had not executed contracts as required in terms of the tender notice and, thus, he was not eligible. 3. Respondents No. 1 and 2 have contested this allegation and in their reply, stand taken is that respondent No.3 apart from working with the C.W.P.No. 21114 of 2008 -2- contractor, had also worked as Manager for the period from 26.10.2006 to 25.10.2008 and, thus, had the requisite experience, to the extent of the amount required. 4. Apart from the fact that two views are possible about fulfillment of eligibility conditions, we find that the contract was awarded on 4.12.2008 and it has already been worked for more than six months. Even though learned counsel for the petitioner submits that the petitioner will be willing to execute the contract with lower price than respondent Nos. 2 and 3, we do not find any ground to interfere. 5. The writ petition is dismissed. 6. It is, however, made clear that this order will not stand in the way of any representation being made by the petitioner with regard to alleged mala fides which may be looked into by the higher authorities at their level. We do not express any opinion on that aspect. (ADARSH KUMAR GOEL) JUDGE (DAYA CHAUDHARY) July 03, 2009 JUDGE raghav Note: Whether this case is to be referred to the Reporter ........Yes/No C.W.P.No. 21114 of 2008 -3- C.W.P.No. 21114 of 2008 -4-