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Patna High Court

Aczet Private LimitedversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the writ petition had become infructuous following the award to another bidder and therefore dismissed it.

Summary

Aczet Private Limited filed a writ petition challenging its disqualification from a GeM tender (Bid No. GEM/2026/B/7083566) on the grounds that its Earnest Money Deposit (EMD) was submitted within the permissible five‑working‑day window despite a one‑day delay caused by a weekend, and that the technical evaluation was arbitrary and created a monopoly by qualifying only two other bidders. The petitioner sought quashing of the technical evaluation summary, condonation of the EMD delay, and issuance of mandamus directing its participation in subsequent tender stages. The respondents argued that the award had already been granted to M/s Ankit Lab Chemicals and that an agreement was executed, rendering the petition moot. The Court observed that, since the award was already finalized and the matter had become infructuous, there was no basis to entertain the reliefs sought. Consequently, the writ petition was dismissed as infructuous, and any pending applications were ordered to stand disposed.

Issues considered

  • Whether the petitioner’s technical disqualification under the GeM General Terms and Conditions was valid.
  • Whether a one‑day delay in physical submission of the Earnest Money Deposit can be condoned under Section 10 of the General Clauses Act, 1897 and the GeM GTC.
  • Whether qualifying only two bidders, who offered identical make and model, creates an unlawful monopoly violating the GeM GTC.
  • Whether the writ petition remains maintainable after the award has been granted and an agreement executed with another bidder.
  • Whether the Court should issue mandamus directing the petitioner’s participation in further tender stages.

Legislation cited

Subjects

  • GeM
  • technical evaluation
  • Earnest Money Deposit
  • tender disqualification
  • Writ jurisdiction
  • Infructuous petition
  • Procurement law
  • General Clauses Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1681 of 2026
                 ======================================================
                 Aczet Private Limited having its Registered Office at Unit E 2, Plot No.- 15,
                 WICEL Estate, Opp. Seepz Gate No.- 1, Andheri (East), Mumbai 400093,
                 through its Director Sanjay Chandrakant Shah, Male, Aged about- 51 years,
                 S/o-Chandrakant Shah, R/o- 401, Krishna Niwas, Opp. Jain Temple, N.S
                 Road No.5, Juhu Scheme, Vileparle (West), Mumbai, Maharashtra- 400056.
                                                                              ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through Principal Secretary, Agriculture Department,
                  Govt. of Bihar, Patna.
           2.    The Principal Secretary, Agriculture Department, Govt. of Bihar, Vikas
                 Bhawan, Patna, Bihar.
           3.    The Agriculture Director, Agriculture Department, Govt. Of Bihar, Vikas
                 Bhawan, Patna, Bihar.
           4.    The Additional Director (Chem) Soil Test Lab-cum-Quality Control,
                 Agriculture Department, Govt. of Bihar, Vikas Bhawan, Patna, Bihar.
           5.    The Joint Director, (Chem) Soil Test Laboratory, Agriculture Department,
                 Krishi Bhawan Campus, Rasayan Bhawan, Mithapur Agr. Farm, Jakkanpur,
                 GPO, Patna.
           6.    The Consignee/Reporting Officer, Agriculture Department, Krishi Bhawan
                 Campus, Rasayan Bhawan, Mithapur Agr. Farm, Jakkanpur, GPO, Patna.
           7.    M/s Ankit Lab Chemicals, through its Proprietor/Authorized Signatory,
                 having its office at Ground Floor, C/O Ashok Kumar, New Punaichak, Near
                 Indu Niketan, Boring Canal Road, P.O./P.S.- S.K. Puri, Patna- 800001,
                 Bihar.
           8.     M/s Naina Enterprises, through its Proprietor/Authorized Signatory, having
                  its office at Ground Floor, G1, Ashok Raj Path, Pillar No.- 67, Opposite
                  Science College, Mahendru, Patna 800006, Bihar.
                                                                          ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Abhishek Kumar Pandey, Advocate
                 For the Respondents    :        Mr. P.K. Shahi, Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   25-02-2026                 In the present writ petition, the petitioner has prayed

                   for the following relief(s):-

                                            “(a) For quashing the Technical Evaluation
                                            Summary/Status          dated        22.01.2026
Patna High Court CWJC No.1681 of 2026(3) dt.25-02-2026
                                            2/4




                                  issued/uploaded/displayed               by         the
                                  Respondent Authorities on the GeM Portal
                                  regarding                   Bid                Number
                                  GEM/2026/B/7083566,                whereby         the
                                  Petitioner's hid has been arbitrarily declared
                                  "Disqualified"         on   non-est     and     hyper-
                                  technical grounds ("EMD received late, I.e.
                                  19.01.2026") in direct violation of Clause
                                  4(xiii) of the GeM-General Terms and
                                  Conditions       (GTC)       Version    1.28    dated
                                  22.12.2025.
                                  (b) For quashing the decision of the
                                  Respondent Authorities whereby they have
                                  declared only two bidders, namely (M/s
                                  Ankit Lab Chemicals) and (M/s Naina
                                  Enterprises), (Respondent No. 7 & 8) as
                                  "Qualified," despite the fact that both these
                                  bidders offered the exact same make and
                                  model (Make: APOLLO SCALES, Model:
                                  ASAB-51), thereby creating a monopoly and
                                  restricting fair competition in complete
                                  derogation to Clause 4(viii) and Clause
                                  4(xii) of the GeM General Terms and
                                  Conditions       (GTC)       Version    1.28    dated
                                  22.12.2025.
                                  (c) For issuing a writ of Mandamus
                                  directing the Respondents to condone the
                                  delay of one day in the physical submission
                                  of the Earnest Money Deposit (EMD),
                                  considering       that      the   Bid   End      Date
Patna High Court CWJC No.1681 of 2026(3) dt.25-02-2026
                                             3/4




                                  (17.01.2026) fell on a Saturday (Non-
                                  working day) and the physical instrument
                                  was submitted on the very next working day,
                                  i.e., Monday (19.01.2026), which constitutes
                                  a valid submission under Section 10 of the
                                  General Clauses Act, 1897 and is well within
                                  the "5 working days" limit mandated by
                                  Clause 4(XIII)(m) of the GeMGeneral Terms
                                  and Conditions (GTC) Version 1.28 dated
                                  22.12.2025.
                                  (d) For issuing a writ in the nature of
                                  Mandamus directing the Respondents to
                                  allow the Petitioner to participate in the
                                  further stages of the tender process for Bid
                                  Number GEM/2026/B/7083566, by treating
                                  the Petitioner's Technical Bid as "Qualified,"
                                  considering that the Petitioner has complied
                                  with      all    substantial   tender   conditions
                                  including the EMD submission within the
                                  permissible "5 working days" window.
                                  (e) For issuing an appropriate writ, order, or
                                  direction restraining the Respondents from
                                  opening the Financial Bids of the technically
                                  qualified bidders (Respondent Nos. 7 & 8)
                                  during the pendency of this Writ Application,
                                  to preserve the subject matter of the dispute
                                  and prevent the creation of third-party
                                  rights.
                                  (f) For directing the Respondents forthwith
                                  to consider the Objection/Representation
          Patna High Court CWJC No.1681 of 2026(3) dt.25-02-2026
                                                      4/4




                                            given by the Petitioner dated 23.01.2026 in
                                            its true letter and spirit, and to re-evaluate
                                            the technical bid of the Petitioner objectively
                                            before proceeding with the opening of the
                                            Financial Bids.
                                            (g) For any other relief or reliefs for which
                                            the petitioner be found entitled in the eye of
                                            law.”
                                2. Learned counsel for the petitioner submits that M/s

                    Ankit Lab (Respondent No.7) has already been granted the

                    award and that an agreement has been executed between the

                    employer and the said contractor.

                                3. Considering the aforesaid submission, no further

                    order is required to be passed in the present writ application as

                    the matter has become infructuous.

                                4. Accordingly, the present writ application stands

                    dismissed as having become infructuous.

                                5. Pending application(s), if any, shall stand disposed

                    of.


                                                            (Sudhir Singh, J.)


                                                      (Rajesh Kumar Verma, J.)

Gaurav Kumar/-

U


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