GAUHATI HIGH COURT ISSUES ORDER ON SWATI LOGISTICS AND 2 ORS V/S THE UNION OF INDIA AND 5 ORS

GUWAHATI, India, Dec. 26 -- Gauhati High Court issued the following order on Nov. 26:

1. Heard Mr. K. N. Choudhury, the learned Senior Counsel assisted by Mr. N. N. B. Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. H. Gupta, the learned counsel appears on behalf of the respondent No.1 and Mr. M. K. Choudhury, the learned Senior Counsel assisted by Mr. M. Sharma, the learned counsel appears on behalf of the respondent Nos.2 to 6.

2. Taking into account the issue involved and the instructions so placed by Mr. M. K. Choudhury, the learned Senior Counsel appearing on behalf of the respondents, this Court takes up the instant writ petition for disposal at the motion stage.

3. The case of the petitioners herein is that the petitioners in pursuance to the Notice Inviting Tender dated 01.03.2025 for transportation of bulk LPG by road from IOAODSO Assam-based locations had participated in the said tender process. The tender was opened on 13.05.2025 and a total of 814 bidders participated by submitting their offers. Out of the 814 bidders, 113 offers were rejected due to various discrepancies such as non-submission of mandatory documents, failure to meet eligibility criteria or deviation from tender conditions. The remaining 701 bidders including the petitioners were found technically acceptable and were short listed for opening of the price bid as per the final technical evaluation.

4. The records further reveal that the petitioners herein were asked to submit various documents on 14.06.2025 which included the requirement of submission of the copy of the Registration Certificate from the Registrar of Firms to establish the registered partnership firm and enclosing all the annexures wherein names of all partners of the said partnership firm are to be mentioned.

5. The petitioners, thereupon on 15.06.2025, submitted various documents including a partnership deed which was registered before the Deputy Registrar, Kamrup (Metro). Notable to mention that the Certificate of Registration of the partnership firm issued by the Registrar of Firms was not submitted as directed vide the communication dated 14.06.2025.

6. The records further reveal that on 16.09.2025, a Letter of Acceptance was issued in favour of the petitioners and further there was an advice to submit the documents, declarations, deposits as per the tender completed in all respects to the office.

7. The grievance of the petitioners in the present writ proceedings are that the petitioners thereupon submitted those documents along with a Registration Certificate dated 27.10.2025 issued by the Registrar of Firms on 12.11.2025. Inspite of that, neither any work order has been issued nor an agreement has been entered into. The petitioners also apprehend that the respondents may cancel the Letter of Acceptance and as such the petitioners have approached this Court seeking a writ in the nature of mandamus thereby directing the respondent Nos.2 to 6 to issue the work order as well as enter into the agreement and further also seeking a direction that the petitioners bids should not be cancelled.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1t%2BlIpvTNoZA4CFVNx%2Ba3QlaQfgjeF8Sg10E2tUYAOc&caseno=WP(C)/6702/2025&cCode=1&cino=GAHC010262472025&state_code=6&appFlag=)

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