| Case ID |
3981e99f-62aa-4acd-9ac3-369b2b7f7bc6 |
| Body |
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| Case Number |
C.P. No. D-2531 of 2019 |
| Decision Date |
Dec 24, 2019 |
| Hearing Date |
Oct 30, 2019 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioner seeking to vitiate the tender process initiated by Pakistan International Airlines Corporation (PIA). The court ruled that there was no demonstrated arbitrariness or illegality in the tender proceedings. The petitioner failed to participate in the tender process and sought to challenge it belatedly, arguing that it had vested rights from a prior tender. However, the court found that the prior tender had been scrapped and that the petitioner did not challenge this cancellation in a timely manner. The court emphasized that participation in a new tender process was open to all eligible parties, and the petitioner had not established any grounds for the court's intervention. |
| Summary |
In the case of C.P. No. D-2531 of 2019, the Sindh High Court addressed a constitutional petition challenging the tender process initiated by Pakistan International Airlines Corporation (PIA) for procurement of ground power units. The petitioner, a company with prior involvement in a similar tender, sought to have the new tender declared invalid, claiming it had vested rights from the previous tender which had been scrapped. The court analyzed the Public Procurement Rules, particularly Rule 26 regarding the validity of bids, and found that the petitioner had neither participated in the new tender nor timely challenged the cancellation of the previous tender. The decision emphasized the importance of adhering to procurement regulations and the open nature of the tender process, ultimately dismissing the petition on the grounds of lack of merit and failure to demonstrate any illegality in the tender proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Public Procurement Regulatory Authority (PPRA),
Pakistan International Airlines Corporation (PIA)
|
| Judges |
MOHAMMAD ALI MAZHAR, JUSTICE,
AGHA FAISAL, JUSTICE
|
| Lawyers |
Abdul Moiz Jafferi,
Kafeel Ahmed Abbasi,
Jawad Sarwana,
Bilal Channa
|
| Petitioners |
MESSRS GUINAULT SA PA ORLEANS SOLOGNE THROUGH AUTHORIZED REPRESENTATIVE IN PAKISTAN
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH AVIATION DIVISION, ISLAMABAD AND 3 OTHERS
|
| Citations |
2021 SLD 1465,
2021 YLR 692
|
| Other Citations |
PLD 2007 SC 642,
PLD 2011 SC 44,
2015 PLC 45,
Suo Motu Case 13 of 2009 PLD 2011 SC 619,
2015 CLD 1257,
Zahid Iqbal v. Hafiz Muhammad Adnan and others 2016 SCMR 430,
Muhammad Farooq v. Silk Bank Limited and others (First Appeal 50 of 2018),
Muhammad Khalil v. Faisal M.B. Corporation and others 2019 SCMR 321,
Sindh Petroleum and CNG Dealers Association and others v. Federation of Pakistan and others 2020 CLC 851,
Collector of Sales Tax Gujranwala and others v. Super Asia Mohammad Din and Sons and others 2017 SCMR 1427,
Crown Forest Industries Ltd. v. Canada (1995) 2 SCR 802,
AKD Investment Management Limited and others v. JS Investments Limited and others 2020 CLD 596,
Nadeem Ahmed Advocate v. Federation of Pakistan 2013 SCMR 1062,
Amanullah Khan v. Chief Secretary NWFP and others 1995 SCMR 1856,
Kitchen Cuisine (Private) Limited v. Pakistan International Airlines Corporation and others PLD 2016 Lah. 412,
Crescent Steel and Allied Products Limited v. Sui Southern Gas Company Limited 2015 CLC 478,
Pakistan Gas Port Limited v. Sui Southern Gas Company Limited and others PLD 2016 Kar. 207,
Muhammad Jawed v. First Women Bank Limited and others 2020 CLC 254,
Mandokhail Brothers Commercial Trading and Government Contractor v. Chairman Civil Aviation and others 2017 CLC 221,
Babu Parvez Qureshi v. Settlement Commissioner Multan and Bahawalpur Divisions and others 1997 SCMR 337,
Munshi Muhammad and another v. Faizanul Haq and another 1971 SCMR 533,
Javaid Iqbal Abbasi and Company v. Province of Punjab and others 1996 SCMR 1433,
Otsuka Pakistan Limited v. Province of Sindh and others 2020 MLD 185,
A.P. Moller Maersk v. Commissioner Inland Revenue and others C.P. D-7097 of 2018
|
| Laws Involved |
Public Procurement Rules, 2004
|
| Sections |
26
|