ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No. D- 353 of 2010

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi

2. For orders on MA 1328/10.

25.03.2010.

Mr. Ayatullah Khowaja, Advocate, along with Petitioner.

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Through this petition the Petitioner seeks reversal of tender proceedings which stand concluded on 18.3.2010.

            Counsel for the Petitioner contends that notice inviting tenders were floated on 17.2.2010, whereby the date for issuance and return of tender was prescribed as 12.3.2010 and in case proceedings could not be concluded on that date, it was to be taken up on 18.3.2010 and 24.3.2010. Per learned Counsel, the Petitioner applied for tender on 18.3.2010 but he was given a wrong tender i.e B-1 instead of B-II thereby malafidely depriving him from his right to participate in the tender proceedings.  

            The record reflects that the tender documents were issued at the written request of the Petitioner on 17.3.2010 and in that request the Petitioner did not specify the type of tender document required for participation, even did not protest while accepting such documents. The record reflects that the Petitioner protested at the time of opening of tender. We in the circumstances do not see any mala fide on the part of the Respondents for excluding the Petitioner from participating in the proceeding. The Petitioner even does not know to whom the tender has been awarded but has leveled series of allegations.

            In view of this position we do not see any reason to upset the auction proceedings and dismiss the instant petition being meritless. The listed application also stands disposed of.

                                                                                       JUDGE

            JUDGE