NFC to go ahead with bidding process for transportation of fertilizers: HC

Excelsior Correspondent

Srinagar, May 21: High Court has held that the decision of National Fertilizer Limited to reject the bid of the petitioner-company for transportation of fertilizers to different parts of Kashmir Division, was rational and lucid and vacated the stay on bidding process in order to proceed ahead with the same.
“From a bare perusal of the pleadings placed on record by the parties as well as having gone through the relevant records made available by the respondents before this court, it is more than apparent that the decision taken by them in rejecting the bid of the petitioner- M/s Kashmir Kissan Agriculture Co-operative Marketing Limited was certainly not irrational in any manner whatsoever or intended to favour anyone”, Justice Ali Mohammad Magrey said while dismissing the plea of the Marketing Company.
Justice Magrey further added that the decision, apart from being lawful and sound, appears to have been taken by the respondents in view of the failure of the petitioner-company to comply with all the terms and conditions stipulated in the tender document.
“This writ petition is found to be devoid of any merit, as a sequel thereto, the same shall stand dismissed. Interim directions, if any, subsisting as on date shall stand vacated. Pending miscellaneous applications, if any, shall also stand disposed of, accordingly”, Justice Magrey concluded.
The petitioner-Company submitted that it is particularly engaged in handling and transportation of fertilizers from Udhampur to different destinations in Kashmir Division and the respondent- National Fertilizer Limited is engaged in procurement, manufacture, distribution and sale of various fertilizers throughout India.
The procuring company invited tenders, bearing E-Tender No- NFL/ZO/ CHD/ H&T/ e-Tender/ 2021 / 100, for handling and transportation of fertilizer from its Rake Point at Udhampur to various destinations in Kashmir Division and the petitioner-company responded to the NIT and submitted its bid on-line in time as was required in terms of the tender document.
The petitioner stated before the court that it has learnt from reliable sources that its bid is sought to be ousted from the zone of consideration on the specious ground that it did not quote rates in respect to columns relating to godowns and storage and that the functionaries of the respondent company are in touch with the second lowest bidder whose bid is about Rs. 50 lacs higher than the bid of the petitioner.
Feeling aggrieved thereby, the petitioner-company filed the instant petition seeking a direction upon the respondents to allot contract to the petitioner, being the lowest bidder, uninfluenced by the fact it has not quoted any rates against columns relating to godowns and storage.