A single bench of Justice Tanka Prasad Gurung has ordered the interim order to be withdrawn for discussion along with showing cause.
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The Patan High Court has issued a show cause order against Jagdulla Hydropower Company in a writ petition filed by Siu Infrastructure and High Himalaya Hydro Construction JV on Monday. A single bench of Justice Tanka Prasad Gurung has ordered the show cause order and also ordered the interim order to be withdrawn for discussion.
The court order also states that a written response must be submitted within 15 days in the writ petition filed against Jagdulla Hydropower Company and the company's bid evaluation committee. The hearing of the writ petition has been scheduled for April 30.
The writ petition also states that a complaint has been filed with the Commission for the Investigation of Abuse of Authority against Jiangxi Construction Engineering (Group) Corporation (China) and ANK Construction Nepal JV among the two companies selected for opening the financial proposals. The petitioner, Sou Infrastructure and High Himalaya Hydro Construction JV, claims that the evaluation committee of Jagdulla Company disqualified their company's technical proposal and is in violation of Rules 61 and 62 of the Public Procurement Regulations, 2064.
The petitioner has also sought an interim order to quash the notice issued for the evaluation of the technical proposal and opening of the financial proposal on the basis of which the amount offered by the bidders in the financial proposal was made public during the evaluation of the technical proposal, as it makes the entire procurement process unreasonable.
Jagdulla Hydropower Company has issued a notice to open the financial proposal on Wednesday, April 9, stating that Jiangxi Construction Engineering (Group) Corporation (China) and ANK Construction Nepal JV and Sino Hydro Corporation are eligible.
