TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. Vs. CSEPDI TRISHE CONSORTIUM
SUPREME COURT OF INDIA
Tamil Nadu Generation And Distribution Corporation Ltd.
Csepdi Trishe Consortium
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DIPAK MISRA,J. -
(1.) Leave granted.
(2.) The appellant, Tamil Nadu Generation and Distribution Corporation Ltd (for short 'the Corporation') vide notification
dated 06.05.2013 floated a tender for setting up of two units of
660 MW Ennore SEZ Supercricitcal Thermal Power Project at Ash Dyke of NCTPS, Chennai wherein four bidders including
the respondents herein participated. However, two bidders out
of four were disqualified as they failed to meet the Bid
Qualification Requirements (BQR) as a result of which bids of
Consortium of Trishe Energy Infrastructure Services Private
Limited (CSEPDI) and Bharat Heavy Electrical Ltd (BHEL) were
taken up for consideration. Prior to the opening of the price
bid, CSEPDI and BHEL submitted supplementary price bids
on 05.02.2014. Price bids were opened on 05.02.2014 by the
appellant in the presence of the representatives of the
respondents, the qualified bidders.
(3.) The uncurtaining of facts would depict that the 1strespondent sent series of representations dated 16.06.2014, 17.06.2014, 01.07.2014 and 08.07.2014 to the appellant highlighting various aspects of the bid and the relevance of
para (viii) of Clause 29.0 of the "Instructions to Bidders" (ITB)
which also deals with the rejection of bids of the tenderer
whose past performance/vendor rating is not satisfactory.
Since the appellant paid no heed to the request made by the
respondent No.1, it filed W.P. No. 19247 of 2014 seeking issue
of a writ of mandamus to direct the appellant to consider the
representations and comply with Tamil Nadu Transparency In
Tenders Act, 1998 (for short, "the TTIT Act"). An undertaking
was given before the learned Single Judge by the learned
Advocate General that post-bid representations submitted by
the respondent No.1 will be duly considered while finalizing
the tenders and appropriate orders will be passed in
accordance with the tender specifications and the TTIT Act
and rules framed thereunder and in terms of the said
undertaking, learned Single Judge vide order dated 31.07.2014 directed the appellant to consider and pass orders
on the representations of the appellant herein after affording
them an opportunity of personal hearing and directed that till
such orders are passed, the tender should not be finalised.;
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