Law: Sindh Public Procurement Rules, 2010

Section: R.24,31,32

Law: Sindh Public Procurement Act, 2009

Section: 27

Law: Specific Relief Act, 1877

Section: 39,42,54

(a) Sindh Public Procurement Rules, 2010--- ----R. 24---Tender---Bid documents, submission of---Proof---Plea of relevant Development Authority ('Authority')/Procuring Agency that though representatives of the plaintiff attended the bidding proceedings but no tenders were submitted on its behalf---Held, that the Authority had itself placed on record photographs of the bidding proceedings which clearly reflected that various boxes of tenders out of the total of (7) seven were kept opened, as according to them there were more tenders than could be accommodated in the boxes---Once it had come on record that majority of tender boxes were kept opened, the onus then shifted on the Authority to disprove the contention of the plaintiff who had filed all tender documents along with Pay Orders of earnest money and therefore, it was difficult to presume at present stage of the proceedings that the plaintiff never participated---If the boxes were kept open, it was, possible that tenders/bids of any participant could be lost or intentionally misplaced---In such a situation it was the responsibility of the Authority to ensure that all participants were allowed to submit their bids properly, and since the boxes were kept open even before opening of the bids, at least an acknowledgment should have been given---Case record also showed that after filing of present suit and issuance of notices, the Authority itself wrote a letter to the Bank from where the plaintiff's Pay Orders were prepared, and the reply placed on record affirmed that Pay Orders were prepared from the account of plaintiff in favour of the Authority---Tenders were received and opened on 17-9-2018 but the evaluation report based on the minutes of meeting and proceedings dated 17-09-2018, was prepared on 3-10-2018---Admittedly the bid boxes were kept open, thus, there was every possibility of misplacing the bids / tenders of the plaintiff and others, whether mistakenly or even intentionally---For present purposes, it could be safely said that the plaintiff did participate in the proceedings and filed and submitted its bids and the Authority had not been able to discharge its burden to such effect. (b) Sindh Public…

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