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“Once the panchnama was found to be of doubtful evidentiary worth, the correct course would have been to proceed with adjudication on available legal grounds, and not to relegate the parties to a fresh round of proceedings without justification.”
Once petitioner-Mukand Poly Products expressed its inability to supply pipes with 82.36% Local Content and that it will cater the supplies pursuant to the procurement order with its product having 51.45% Local Content, it will amount to abandoning the contract.
The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.
The Court noted that the appellate authority formed under BPCL’s Policy remedy would have comprised of their officers, and the same could not be permitted as BPCL could not be a judge in their own cause.
The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.