Aakash Oil Tech Services and Others vs Oil and Natural Gas Corporation Ltd.

V.M. Sahai, J.—We have heard learned senior Counsel Mr. Mihir Joshi assisted by Mr. Mitul K. Shelat for the Petitioners and learned Counsel Mr. Ajay R. Mehta for the Respondent.

Notice inviting tenders was issued by the Respondent. Tenders were to be submitted by 25th November 2010. The Petitioners also submitted their tender but their tender has not been opened by the Respondent, whereas the tenders of other tenderers have been opened.

This petition has been filed by the Petitioners challenging the action of the Respondent of not opening the tender of the Petitioners on the ground that one firm, Aakash Exploration Pvt. Ltd., had been blacklisted on 10.2.2011.

According to the learned Counsel for the Petitioners no-doubt, some partners of Aakash Exploration Pvt. Ltd. were earlier partners in this firm but, since April 2010, they are not partners in the present Petitioner''s firm, which, after April 2010, consists of only two partners, i.e. Petitioner Nos. 2 and 3. Therefore, it is urged that on the date of blacklisting, Petitioner Nos. 2 and 3 were only partners in Petitioner No. 1 firm and therefore, their tender was liable to be accepted and opened by the Respondent.

According to the Respondent, all the sister firms or allied concerns etc. of the aforesaid firm Aakash Exploration Pvt. Ltd. were not to participate in the tenders issued by the Respondent.

Learned Counsel for the Respondent has placed reliance on para 7 of the affidavit-in-reply of the Respondent, which reads as under:

Apart from this the Petitioner namely M/s. Aakash Oil Tech Services has submitted its bid as a partnership firm wherein it is claimed that its three partner namely Mr. Hemang Navinbhai Haria, Mr. Vipul Navinbhai Haria and Mr. Navinbhai V. Haria retired as partners on 04/04/2010 alleged to be replaced by the Petitioner Nos. 1 and 2. It is evident that the said act has been done only to circumvent the fact that a sister concern namely M/s. Aakash Exploration Services Pvt. Ltd. wherein all the so called retiring partners were directors was facing black listing by the Respondent corporation''s Ahmedabad Asset for submitting fraudulent/tampered documents where notarized/attested document was submitted by overwriting month and year of manufacture as October 2006 as against actual October 2005 to bring it within the zone of consideration. In view of the aforereferred after giving show cause notice and considering reply thereto the Respondent corporation had directed to stop business dealings with M/s. Aakash Exploration Services Pvt. Ltd., its partner(s), allied concern(s), firm(s), sister concern(s), associate(s), Director(s) or Proprietor(s) for a period of 01 (One) years from 09/02/2011 to 08/02/2012 in terms of Section 3 of the Integrity Pact....

It is no-doubt true that the erstwhile partners of the Petitioner firm are no more partners in the instant firm and a new firm has come into existence prior to the order of blacklisting dated 10.2.2011 was passed against Aakash Exploration Pvt. Ltd. but the establishment is same. Therefore, we are of the opinion that the Respondents did not commit any error in not opening the tender of the Petitioner firm.

For the aforesaid reasons, we do not find any merits in the petition. The writ petition fails and is accordingly, dismissed. Notice is discharged.