SC rejects Indo-East’s FR petition against CPC subsidiary

• Indo-East protests tender given to rival to construct four storage tanks in Kolonnawa

By S.S. Selvanayagam

The Supreme Court has dismissed the Fundamental Rights application filed by Indo-East Engineering and Construction Lanka protesting Ceylon Petroleum Storage Terminals’ decision to award a tender for the construction of four storage tanks in Kolonnawa to J.P. Mukherji and Associates. 

The Supreme Court bench comprised justices L.T.D Dehideniya, S. Thurairaja and E.A.G.R. Amarasekara. 

The petitioner Indo-East Engineering and Construction, in its Fundamental Rights application, alleged that the tender for the procurement, construction and commissioning of the four storage tanks was arbitrarily granted to J.P. Mukherji and Associates against the rules of natural justice.

The petition further alleged that the decision breached the petitioner’s Fundamental Rights.

It also argued that in arriving at the decision as to why the tender was granted to J.P. Mukherji and Associates, the National Procurement Committee took the view that the petitioner was not entitled to the 15% preference which was granted to domestic contractors over their foreign counterparts.

It also had sought an Interim Order preventing J.P. Mukherji and Associates from taking any steps to enter into any contract pending the hearing and determination of the legal action.

Limited objections were filed by the Attorney General, who tendered Cabinet papers and the memorandum submitted to Cabinet, together with various other documents, to Court.

J.P. Mukherji and Associates also filed objections, arguing that the petitioner’s application be turned down and interim relief be refused.

It alleged that in terms of the caption of the petition, the petitioner has been cited as Indo East Engineering and Construction Lanka Ltd, which is not permissible in the law and therefore, the application filed by the petitioner was defective and misconceived in law.

It also stated that the National Procurement Commission had concluded that Indo-East Engineering and Construction Lanka was not registered in Sri Lanka and ineligible to domestic preference. 

Romesh De Silva P.C with Sugath Caldera instructed by Nisansala Wijesinghe appeared for the petitioner. Additional Solicitor General Sanjay Rajarathnam appeared for the Attorney General. Sanjeewa Jayawardena P.C with Lakmini Warusavithana and Niranjan Arulpragasam, instructed by G.G Arulpragasam, appeared for the respondent.