| Citation(s) |
|---|
| 2017 SLG 432 2017 SLD 432 2017 PLD 83 |
Supreme Court of Pakistan
Civil Petition No. 2222 of 2016, decided & heard on 25thOctober, 2016
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE
Salman Aslam Butt, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record (absent) for Petitioner.Shahzada Mazhar, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record, Shahzad, Director (Legal) WAPDA and Inayat Ali, Chief Engin
Civil Petition No. 2222 of 2016, decided & heard on 25thOctober, 2016
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE
Salman Aslam Butt, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record (absent) for Petitioner.Shahzada Mazhar, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record, Shahzad, Director (Legal) WAPDA and Inayat Ali, Chief Engin
MESSRS POWER CONSTRUCTION CORPORATION OF CHINA LTD. THROUGH AUTHORISED REPRESENTATIVE . ERVSPAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY THROUGH CHAIRMAN WAPDA AND 2 OTHERS . --RespondentS
Law: Public Procurement Rules, 2004
Section: 5
Law: Constitution of Pakistan, 1973
Section: 184(3),199
(a) Public Procurement Rules, 2004 --- ----R. 5---Guidelines for the Procurement of Goods, Works and Non- Consulting Services under the IBRD Loans and the IDA Credits Grants by World Bank Borrowers, Appendix-I, para. 2(a)---Hydroelectric Power Project funded by an International Financial Institution---Prequalification of interested contractors/bidders---Right of International Financial Institution to request removal of a pre-qualified contractor/bidder---Scope---Funds for the Hydroelectric Power Project ("Project") had been raised through a finance agreement between the Government of Pakistan and International Development Association ("IDA"), an organization which was an integral part of the World Bank Group---Finance agreement provided that the bidding process with respect to selection of contractors for the Project would be conducted in accordance with the Guidelines for the "Procurement of Goods, Works and Non- Consulting Services under the IBRD Loans and the IDA Credits Grants by World Bank Borrowers" (the World Bank Guidelines)---Loans obtained from International Financial Institutions like the IDA, came coupled with conditionalities, which included the mode and method of the award of contracts for the projects and the process of pre-qualifications of bidders---Compliance with and enforceability of such conditionalities was contemplated by R.5 of the Public Procurement Rules, 2004, therefore, the "World Bank Guidelines" were enforceable---Water and Power Development Authority (WAPDA) had included the name of the petitioner-company in the list of pre- qualified bidders, however IDA intimated WAPDA to delete the name of the petitioner-company from the list, by exercising its right in terms of para.2(a) of Appen. I of the "World Bank Guidelines", which provided that IDA had a right or a privilege of making a reasonable request for the modification of or deletions from the list of pre-qualified contractors---Further the petitioner-company had not impleaded IDA as a party either before the High Court or in the present proceedings before the Supreme Court, therefore, the decision of the IDA and the conclusion drawn by it that the petitioner-company was…