Uttaranchal High Court: A Single Judge Bench comprising of Sudhanshu Dhulia, J. dismissed a petition finding no anomaly in the matter.
The petitioner was a transporter who participated in E-tender process which was invited by the respondent for supply of 100 trucks for transporting gas cylinders where he made a bid for 13 trucks out of which only two trucks were selected. Further, as the need for 100 trucks could not be completed the respondent called for the existing transporters for the supply of additional trucks. The petitioners challenged it for non-transparency and contended that e-tender should have been made open to all and it shall not be restricted to the existing transporters.
The respondents reasoned out their act by contending that firstly the petitioner being the existing transporter had no reason to challenge the order plus he has been ordered to supply additional trucks and secondly e-tendering being a time-consuming process with gas cylinders being the essential commodity transported hence leaving no reason to raise a dispute for the matter.
Accordingly, the petitioner being the non-aggrieved party the petition was dismissed. [Tanuja Parwati Transport & Forwarding Agency v. IOCL, 2018 SCC OnLine Utt 969, decided on 02-11-2018]
