JALAL CONSTRUCTION COMPANY vs The SECRETARY, C & W DEPARTMENT, LAHORE S

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JALAL CONSTRUCTION COMPANY VS The SECRETARY, C & W DEPARTMENT, LAHORE S. 27---Punjab Procurement Regulatory Authority Act (VIII of 2009), S. 3---Punjab Procurement Regulatory Authority Rules, 2014, R. 25---Public Procurement Rules, 2004, R. 23---Public Procurement Regulations, 2008, Regln.3---Constitution of Pakistan, Arts. 25 & 199---Constitutional petition---Performance Security---Insurance Bond, exclusion of---Pre-condition---Discrimination---Contractual dispute---Petitioners were successful bidders in tenders floated by Federal and Provincial Agencies---Dispute was with regard to exclusion of Insurance Bond as a guarantee to Performance Security submitted by petitioners---Validity---Exclusion of insurance bond/guarantee as a form of security by procuring agencies of Federal Government and Provincial Government of Punjab with respect to performance or additional performance/quality assurance guarantee was permissible in terms of lawful discretion of a procuring agency provided it was specifically stated in SBDs---Bidders who participated in bidding process, subject to bidding documents, had no vested right to tender securities in a particular form of their choice that was not part of SBDs of a procuring agency as they knowingly had participated in a bidding process in accordance with the terms and conditions of SBDs---Petitioners failed to make out a case of discrimination as exclusion of insurance bond/guarantee indiscriminately applied to all bidders with reference to a particular bidding process---Where facts emanating from contractual disputes were admitted, constitutional jurisdiction under Art. 199 of the Constitution could be exercised---Act of exclusion of insurance bond/guarantee as a form of security with respect to performance or additional performance/quality assurance security by a procuring agency falling under Federal or Provincial Government of Punjab was not in conflict with the decision of ECNEC---High Court directed respondents/procuring agencies to issue fresh notice to each petitioner to furnish security in the requisite amount and form mentioned in applicable SBDs in all pending contracts, failing which each petitioner could be dealt with in accordance with the terms and conditions of applicable contract---Constitutional petition was disposed of accordingly.

JALAL CONSTRUCTION COMPANY vs The SECRETARY, C & W DEPARTMENT, LAHORE S — 2025 PLD 379 LAHORE-HIGH-COURT-LAHORE

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