Case Details

Citation(s)
2013 SLG 689 2013 SLD 689 2013 CLC 476
Sindh High Court
High Court Appeals Nos.39 and 82 of 2012, decision dated: 3rd October, 2012
SHAHID ANWAR BAJWA AND AFTAB AHMED GORAR, JJ

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PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY through Secretary and another

VS

SHAHEEN CONSTRUCTION COMPANY through Mrs. Zeeshan Fatima and others

Law: West Pakistan Family Courts Act (XXXV of 1964)

Section: 15

Public Procurement Rules, 2004-------R. 15--- Prequalification of prospective bidder--- Scope---Prequalification steps, adoption of---Scope---Mere prequalification of prospective bidder would not create any vested right in him to be selected directly for any prospective bid---Prospective bidder once having meted out prequalification criteria laid down for a particular work could not be ousted from participating in financial bid by knocking him down while changing prequalifying criteria and that too without any lawful justification---Procuring Agency would have discretion to decide either to adopt steps for prequalification or not---Procuring Agency would have same element of discretion even after prequalification had taken place---Illustrations stated. Suo Motu Case No.5 of 2010 PLD 2010 SC 731; Mst. Maqbool Begum and others v. Gullan and others PLD 1982 SC 46 and A.R. Khan & Sons (Pvt.) Ltd. through Authorized Officer and 3 others v. Federation of Pakistan through Secretary Ministry of Commerce, Islamabad and 3 others 2010 CLC 1810 ref. Khalid Javed Khan for Appellant (in HCA No.39 of 2012). Muhammad Mushaffy for Appellant (in HCA No.82 of 2012). Shahenshah Hussain for Respondents (in HCA No.39 of 2012). Khalid Javed Khan for Respondents (in HCA No.82 of 2012). Muhammad Masood Khan for Respondent No.3 and (in HCA No.39 of 2012) and for Respondents Nos.3 and 4 (in HCA No.82 of 2012.). Date of hearing: 17th September, 2012. JUDGMENT SHAHID ANWAR BAJWA, J.--- In the two suits out of which these High Court Appeals have arisen the plaintiffs had sought interim injunctive relief in the following circumstances: 2. The plaintiffs were carrying on work as construction contractors and are duly registered with Pakistan Engineering Council. On or about 25-11-2010 Pakistan Defense Housing Authority (Appellant in HCA No.39 of 2012 and Respondent No.1 in HCA No.82 of 2012, hereinafter referred to as the DHA) advertised for prequalification from amongst Pakistan Engineering Council registered contractors for various types of works stated in the advertisement. Nature of work was stated which is 10. Plaintiffs submitted applications and were duly prequalified in respect of…
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