TMI Blog2020 (12) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... light of the aforesaid decision of the Hon'ble Supreme Court in the case of ADANI GAS LIMITED VERSUS PETROLEUM AND NATURAL GAS REGULATORY BOARD AND ORS. [ 2020 (2) TMI 1391 - SUPREME COURT] in view of the fact that the case of the petitioner comes under Eligibility Condition-B of Table-6 of the RFP and that the RFP conditions do not specifically require the bidders to submit GST Registration Certificate along with bid documents and take a decision on the same by passing a speaking order after providing opportunity of hearing to the petitioner as well as bidder likely to be affected thereby, before execution and signing of the agreement. The petitioner shall be requested to submit such representation along with a copy of this order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apani with a Proof of Net-worth Certificate (Annexure-3 series) of ₹ 4755.75 lakhs as on 1st April 2019 issued by the Chartered Accountant as against required net-worth amount for ₹ 20.00 crores and other relevant documents. As per scope of work as defined in Clause-2 of Condition No.2.1.2 of RFP, it has been prescribed that the lessee shall comply with certain conditions as his responsibility during the lease period. In Sub-Clause (g) thereof, it has been prescribed that the lessee can pay in a timely manner all taxes, duties, levies, cess and charges etc. in respect of the operation of the property and its business, including but not limited to income tax, Goods and Service Tax (GST), excise duty, customs duty and octroi that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that as of now though the financial bid was opened but no contract has been signed. Learned counsel for the petitioner in support of his argument has relied upon the decision of the Hon'ble Supreme Court in the case of Adani Gas Ltd. V. Petroleum Natural Gas Regulatory Board and others; reported in (2020) 4 SCC 529, wherein it is held as follows: 56.11 This Court is justified in reviewing the process adopted by the Board in evaluating the bids for the ninth round of CGD bidding. It is well settled that judicial review cannot be denied even in contractual matters to prevent arbitrariness. 60. If the Board Note of 23-7-2018 were to be construed in the manner in which the learned Senior Counsel for the appellants urged, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the Board followed of calling upon the bidders with the highest composite scores in GAs 51, 61 and 62 to justify their bids in terms of their reasonableness cannot be faulted. On the contrary, if the Board had rejected these bids solely on the ground that they were above the limit of 100% of households under the 2011 Census data, the decision would have been seriously flawed for having applied a criterion which was not a part of the Regulations, was not embodied in the Bid Document and in any event, was not notified to bidders before they had submitted their bids. Mr. P. K. Muduli, learned Additional Government Advocate for the State submits that as per Condition No. 4.5 of Clause-4, for Sealing and Marking of Proposal of RFP, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that all the qualified bidders have submitted GST Registration Certificate along with their bid documents. Thus, the petitioner cannot be treated differently to qualify his bid. Having regard to the submissions made by learned counsel for the parties, and considering that as of now, the financial bid has not been opened and the opposite parties have not taken any final decision and have not executed any agreement, we require the Commissioner- cum-Secretary, Tourism Department, Odisha, Bhubaneswar-opposite party no.1 to examine grievance of the petitioner and consider the validity of the decision of the Committee in disqualifying the bid of the petitioner in the light of the aforesaid decision of the Hon'ble Supreme Court in view o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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