Law: Civil Procedure Code (V of 1908)

Section: 20,21

Public Procurement Rules, 2004-------Rr. 2(1), 3 & 4---Procurement of goods/services/works by Government through a Procuring Agency---Fundamental principles governing such procurements stated. The fundamental principle which governs the application of the Public Procurement Rules, 2004, is that the Procuring Agency should obtain "value for money" and that the procurement process is economical and efficient consistently with the requirement that the agency acts in a fair and transparent manner. The general rule is and must remain that a Procuring Agency abide by the Rules, but those Rules must be viewed and applied consistently with their spirit and not be allowed to become a straitjacket by focusing only on the letter. Malik Naeem Iqbal and Khalil Ahmed Siddiqui for Plaintiff. Khalid Javed Khan for Defendant No.1. Munir A. Malik for Defendant No.2. Dates of hearing: 9th and 17th April, 2012. ORDER MUNIB AKHTAR, J.--- Two applications, both filed by the plaintiff seeking interim injunctive relief, require determination. The applications arise in the following circumstances. The plaintiff carries on the work of a contractor engaged in the construction business, and is registered with the Pakistan Engineering Council. It is also qualified to do work as a contractor for the defendant No.1 ("DHA"). On or about 25-10-2010, DHA placed advertisements in the press seeking to prequalify contractors to participate in developing international standard infrastructure for its Phase VIII, Karachi. The advertisement noted that Messrs Osmani and Company (Pvt.) Ltd. ("the Consultant") had been engaged as the consultant and engineer "to plan, design and supervise all works under the project since inception through execution in consultation with DHA". The advertisement identified 10 main areas of work for which the contractors would be prequalified, including bulk water supply and water reservoir works, sewerage works, drainage works, building works, and sector/sub-sector infrastructure development works, etc. 2. The plaintiff submitted its application and was prequalified. Thereafter, DHA invited tenders for certain sub-sector infrastructure works and the present application…

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