- (1.) These appeals are directed against judgment and order dated 14.10.2014 passed by High Court of Judicature at Bombay, whereby Writ Petition Nos. 7843 of 2014 and 8211 of 2014, are allowed, and the work order dated 03.09.2014, and consequential agreement between the appellants and respondent No. 3, are quashed.
(2.) Succinctly stated the facts of the case are that on 01.08.2014 respondent no. 3 - Aurangabad Municipal Corporation (for short "municipal corporation") invited tenders for replacement of existing street lights by Light Emitting Diodes (LED) fittings with refurbishment of street light infrastructure on Build, Operate and Transfer (BOT) basis. The contractor was required to complete the project within one year and recover the payment from the municipal corporation through Ninety six Equated Monthly Installments (EMIs) over a period of eight years. Response to E-tender notice was required to be made in two separate parts, namely, technical bid and price bid. As per the tender notice, the tender forms were made available from 01.08.2014 to 20.08.2014. The period of submission of bids was extended up to 28.08.2014.
(3.) The Tender Notice contained inter alia following conditions : - "(i) Manufactures of LED Lights OR registered Clause A Electrical Contractors and are eligible to participate in the Tender. (ii) The Class A Electrical Contractors (Lead Partner) may only participate by having a Joint Venture agreement with the Manufacturer of LED Light Fittings. (iii) The Manufacturer of LED Light fittings (Lead Partner) may form a Joint Venture with Class A Electrical Contractor. (iv) The Manufacturer of LED Lights (Lead Partner) may form a Joint Venture with another Manufacturer of Electrical items, provided that the Lead Partner has entered into a MOU with a Class A Electrical Contractor towards execution of the tendered BOT project. (v) The Bidder should have achieved a minimum turnover of Rs. 25 crores in each of the three preceding financial years, total 75 crores in three years. (vi) Attested true copies of Sale Tax/VAT registration, Manufacturing certificate and DD for EMD to be submitted along with tender papers. xxx xxx xxx (xiv) Bidder may be Joint Venture of maximum two companies/firms to jointly meet the commercial and technical conditions." xxx xxx xxx;