Decided on May 23,1994

Subhash Projects And Marketing Ltd. And Anr. Appellant
State Of Mizoram And Four Ors. Respondents


D.N. Baruah, J. - (1.)IN this writ application under Article 226 of the Constitution the Petitioners have prayed for issuance of appropriate writ to quash the impugned decision of the 1st to 4th Respondents rejecting the offer of the Petitioners in respect of tender bearing No. 6/437/92/CE(PC)/4 for Serlui -B Hydro Electric Project and also prayed for a writ of Mandamus directing the Respondents to consider the offer of the Petitioners in respect of the said tender and also to open and consider the price bid given by them and further direction to the 1st to 4th Respondents to forbear from and/or refrain from awarding any work order to 5th Respondent and also for further direction to the Respondents to give all consequential reliefs they are entitled to.
(2.)THE case of the Petitioners, in brief, may be stated as follows:
The 1st Petitioner is a company carries on business, inter alia, in execution work of Hydro Power Water Supply and Treatment, Project Consultancy and Turn Key Project. Water and Power Consultancy Services India Limited, for short 'WAPCOS', is a Government of India undertaking of which the 4th Respondent is the Chief Engineer. The 5th Respondent is also a company incorporated under the Companies Act with its registered office at Chandigarh.

The 2nd Respondent issued Annexure -A notice dated 26.10.92 inviting lenders for construction of Serlui -B Hydro Electric Project on a Turnkey basis for civil, electrical and mechanical works including design, manufacture, erection, testing and commissioning of equipment. The estimated cost of the work was Rs. 30 Crores. As per the said Annexure -A notice sealed lenders were to be accepted till 1400 hours of 7.1.93 and were to be opened on the same day at the same time in the office of the 2nd Respondent in presence of the tenderers as per schedule given thereunder, Detailed tender specifications could be had on payment of Rs. 10,000/ - only by Bank Draft drawn in favour of the 2nd Respondent. The tender specifications would also be available in the office of the 2nd Respondent. In partial modification of Annexure -A notice the 2nd Respondent issued Annexure - B notice dated 2.12.92 changing the dates regarding site inspection, issue of tender documents and opening of tenders. As per the said Annexure -B notice site inspection would be from 2nd week of December, 1992 and issue of tender documents from 14.12.93 and date of opening of tender was on 2.2.93. The 2nd Respondent issued yet another notice dated 15.1.93 (Annexure -C) further extending the date of opening of the tender upto 2.3.93.

The Petitioner company with a view to submitting tender obtained Annexure -D tender specifications on payment of Rs. 10,000/ - As per Annexure -D specification the bidders were to forward their sealed bids in three separate envelopes marked "Confidential" and superscribing on the envelopes, the contents of the envelope. One envelope was to contain the demand draft of Rs. 10 Lakhs as Earnest Money in favour of the 2nd Respondent, the second envelope to contain technical and commercial bid alongwith tender documents Volume I to IV and the third envelope to contain price bid/bill of quantities duly filled in and signed. The above sealed envelopes were to be put in an envelope duly sealed and marked "Confidential" and addressed to the 2nd Respondent. The envelope containing earnest money/demand draft was to be opened first and thereafter commercial and technical bids for those tenderers who fulfilled the conditions regarding Earnest Money would be opened and evaluated and lastly the price/financial bids would be opened only of those tenderers who would fulfill the conditions of NIT and would be found suitable for undertaking the works.

(3.)IN pursuance of the Annexure -A and Annexure -D the Petitioner company submitted its offer in three envelopes on or about 2.3.93 in strict compliance with the terms of NIT and tender specifications. However, in pursuance of NIT there was no offer from any party other than the 1st Petitioner. Therefore, the dates of submission and opening of tenders were further extended by the 2nd Respondent till 15th April, 1993 by issuing Annexure -E corrigendum dated 3.3.93. Thereafter, two other parties, namely, Eastern Overseas Corporation of Bombay and Punjab Power Generation Machines Ltd. of Chandigarh the 5th Respondent submitted their offers. On the said date the envelopes 'A' & 'B' of the said tenderers, namely, the Petitioner, 5th Respondent and said Eastern Overseas Corporation of Bombay were opened. After opening the 'A' and 'B' envelopes the 4th Respondent sent a Fax message dated 28.5.93 calling upon the Petitioner company to send their confirmation/clarification on their offer in respect of Electrical and Mechanical Works with a request to send those directly to the 4th Respondent with copy to the 2nd Respondent, Thereafter, the 4th Respondent sent yet another Fax message dated 28th May, 1993 (Annexure -F) enclosing therewith the comments of the 4th Respondent in respect of carrying out the Civil works of the Hydro Electrical Project.

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