Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,O.VI,R.17

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,O.VI,R.17

(a) Public Procurement Rules, 2004-------Rr. 33, 36 & 38---Constitution of Pakistan, Art.199---Constitutional petition---Public procurement---Financial bid---Vested right of bidder---Scope---Port Trust (KPT) invited bids for procurement of two Pilot Boats and petitioner claimed to be the lowest bidder having vested right to its bid to be accepted but KPT did not award contract---Validity---At the end of bidding, there were only two bids left; one by petitioner and other by another bidder---Petitioner's bid was for Glass Reinforced Plastic (GRP) hull and that of the other bidder was for steel hull, therefore, prima facie the two were apples and oranges and could not be compared with each other---In tender documents, type of material for hull, GRP or Steel was not specified, therefore, it could be either---Even if the two bids remaining in field were treated as comparable and therefore, should have been compared with each other, in presence of only two bids, there could be a "lower" bid and a "higher" bid but there could not be " the lowest bid", which adjective being in superlative degree and not in comparative degree required at least three to be compared with each other---High Court declined to interfere in the order passed by authorities---Petition was dismissed in circumstances. Mst. Shabnam v. Federation of Pakistan through General Manager/Operations Pakistan Railways Headquarters Office, Lahore and 3 others 2009 PLC (C.S.) 327; Kamaluddin Qureshi v. Ali International Co. PLD 2009 SC 367; Muhammad Kaleem Asif v. Additional District Judge PLD 2009 Lah. 484; Muhammad Usman and another v. Additional District Judge, Lahore PLD 2010 Lah. 281; City Schools (Pvt.), Lahore Cantt. v. Privatization Commission, Government of Pakistan and others 2002 SCMR 1150; Afzal Motors Company (Pvt.) Limited v. Province of Sindh and others 2009 SCMR 659; Petrosin Corporation (Pvt.) Ltd. Singapore and 2 others v. Oil and Gas Development Company Ltd. through Managing Director, Islamabad 2010 SCMR 306 and Messrs Bagh Construction Company v. Federation of Pakistan and others 2001 YLR 2791 ref. (b) Public Procurement Rules, 2004--- ----R. 33---Bid, cancellation of---Discretion of…

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