Law:

Section:

JUDGMENT SHEET

MIANGUL HASSAN AURANGZEB J:- Through the instant civil revision petition, the petitioner, Kundi Development Corporation (Private) Limited, impugns the order dated 19.12.2016, passed by the Court of the learned Additional District Judge, Islamabad, whereby respondent No.1’s appeal against the order dated 01.11.2016, passed by the Court of the learned Civil Judge, Islamabad, was allowed. Vide the said order dated 01.11.2016, the learned Civil Court had allowed the petitioner’s application under Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure, 1908 ("C.P.C.") for the grant of interim relief.  The said application was filed along with the petitioner’s suit for declaration, mandatory injunction, recovery of damages, etc., praying for the setting aside of letter dated 31.08.2016, issued by respondent No.5 (Director, (South Zone)/Secretary, National Highway Authority, Karachi), whereby the petitioner’s technical bids for the construction of three Toll Plazas were rejected. Since the petitioner’s technical bids were rejected, the respondents did not open the petitioner’s sealed financial bids. 

2.       The record shows that respondent No.1 (National Highway Authority) through a public advertisement invited sealed bids from licensed contractors for the construction of three Toll Plazas, and two Weigh Stations on Sehwan-Ratodero Section (N55). In response to the said advertisement, the petitioner submitted its bids for the said works. As per the Invitation for Bids, issued by respondent No.1, the financial threshold required to be met by a bidder for the three of the works (construction of Toll Plazas) was Annual Turn Over of more than Rs.144 Million, and Cash Flow of more than Rs.18 Million for each of the three works. The bidders were also required to establish their financial competence by submitting their financial statements, cash flow statements, and balance sheets for the last two years supported with an audit report of a charted accountant. The threshold set in the Invitation for Bids regarding the Annual Turn Over and Cash Flow was stated to be mandatory. According to Paragraph 3.1(f) of the Instructions to Bidders, each bidder had to have the capacity to generate cash flow to the tune of more than Rs.18 Million for each contract for the construction of Toll Plaza.