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
- General Clauses Act, 1897 — s. 10
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
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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
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(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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