Full Text
HIGH COURT OF DELHI
Date of Decision: 11th January, 2023
M/S INTEGRATED FIRE PROTECTION PVT. LTD. ..... Petitioner
Through: None.
Through: Mr. Rajeev Sharma, Sr. Adv. with Mr. Abhishek Birthray, Mr. Ahmed, Mr Kartikeya Tripathi, Advs. for
IOCL.
JUDGMENT
1. This hearing has been done through hybrid mode. Though an appearance has been received via SMS to the Court Master, of one Mr. S.S. Nehra, none appears for the Petitioner when the matter is called. It is noticed that on the last 3 occasions i.e. 16th December, 2021, 1st April, 2022 and 17th August, 2022, there is no appearance on behalf of the Petitioner. Mr. Rajeev Sharma, ld. Senior counsel has made his submissions for the Respondent.
2. The Petitioner - M/s. Integrated Fire Protection Pvt. Ltd. has filed the present petition against the Respondent - Indian Oil Corporation Ltd. (hereinafter referred as “IOCL”) challenging the order dated 18th June, 2021 by which the IOCL has debarred the Petitioner from entering into any contract for a period of 1 year i.e. from 17th June, 2021 with IOCL.
3. The brief background is that a Notice Inviting Tender (NIT) was floated by the IOCL on 4th December, 2020 in response to which the Petitioner had submitted its bid on 18th December, 2020. One of the information sought by IOCL from the Petitioner in the said bid was as to whether the Petitioner had been placed on any ‘holiday list’ by any department, IOCL or any other government sector or organization. During the examination/evaluation of the bid, the IOCL learnt of the fact that the Petitioner was, in fact, on the holiday list by M/s. Numaligarh Refinery from 29th February, 2020 to 28th February, 2021. Since this fact was not disclosed to the Respondent in its bid, a show cause notice was issued to the Petitioner on 17th March, 2021 to the following effect. “You are hereby requested to show cause in writing within 15 days from the date hereof why you be not placed on the “holiday list” and be debarred from entering into any contracts with Indian Oil Corporation Ltd./be not be delisted from the list of approved vendors/Contractors of Indian Oil Corporation Ltd., for the following reasons: “During the bidding, in the holiday listing declaration, M/s Integrated Fire Protection Pvt. Ltd. (IFPPL) has clearly mentioned “NIL” which denotes that the bidder is not in holiday list by IOCL or by any department of any Govt. or any Public Sector Organization. However, it is found out that IFPPL was in holiday list of M/s Numaligarh Refinery from 29.02.2020 to 28.02.2021. This fact was not disclosed in the declaration. Therefore, your declaration is considered as a false declaration which calls for holiday listing as per clause NO. 22.[1] b & e of ITB” Your reply (if any) should be supported by all documents and documentary evidence which you wish to reply in support of your reply. Should you fail to reply to this show cause notice within the time and manner aforesaid, it will be presumed that you have nothing to say, and we shall proceed accordingly. Your reply, if any, and the documents/documentary evidence given in support shall be taken into consideration prior to arriving at a decision.”
4. A response dated 30th March, 2021 was received from the Petitioner, which was considered by the IOCL and vide its letter dated 18th June, 2021, IOCL directed as under:
5. It is noticed from the record that the Petitioner, after receiving the show cause notice, had made a complaint dated 18th June, 2021 to the Chief Vigilance Officer of the IOCL alleging that one L[1] bidder had made a complaint against it to the IOCL.
6. Mr. Rajeev Sharma, ld. Senior Counsel appearing for the IOCL submits that the Petitioner admits that it was blacklisted by M/s. Numaligarh Refinery, in its response dated 30th March, 2021. It is further submitted by him that the period of one year of holiday listing has already elapsed.
7. Be that as it may, the ground on which the show cause notice dated 18th June, 2021 was issued i.e. holiday listing by M/s. Numaligarh Refinery having been not disputed by the Petitioner, the said fact ought to have been disclosed. In its reply dated 30th March, 2021, the Petitioner seeks to explain the same in the following manner.
8. Under these circumstances, as also due to the fact that the period of one year of holiday listing has also come to end, no further orders are called for in the present writ petition. The debarment period has come to an end and the Petitioner is free to participate in any tenders of the IOCL.
9. The writ petition along with all pending applications is, accordingly, disposed of.
PRATHIBA M. SINGH JUDGE JANUARY 11, 2023/dk/hh