- (1.) The Courts : In this writ petition the petitioner has challenged the decision of the West Bengal State Electricity Board being the respondent No. 1 (hereinafter referred to as Board) rejected the tender submitted by the writ petitioner. The dispute in real sense in this matter is not so much as the subject matter of the writ petition is, which relates to works in Purulia Pump Storage Project, Lot-4.
(2.) The fact of this case in short is as follows:- The petitioner after having been declared successful in pre-qualified stage for inviting tender submitted bids both on Techno Commercial and Price pursuant to invitation of the Board dated 24th November, 1997 for entering into contract for execution of Main Civil Works in Purulia Pump Storage Project along with other participants. The entire work was sub-divided into several schedules. Schedule C related to works to be done on the Lower dam. The petitioner's bid on Techno Commercial aspect was declared by the Board to be substantially responsive. The initial bids of all the participants on price aspect were ignored and they were asked to submit revised price bid for the works which was then sub-divided into 14 Schedules and marked 'A' to 'N'. So, according to the instruction of the Board the petitioner along with other participants submitted revised price bid. However, on detection of mistake the Board informed all the three bidders, that the same was to be rectified and accordingly corrigendum/addendum was issued. Therefore, necessary amendment of the Bill of Quantity was incorporated.
(3.) On 8th September, 1999 the petitioner submitted its price bid to the Board comprising of the following documents:- (i) Five sets of Volume 1 (Revised in April 1999), (ii) Five sets of Volume 1A-1 Chapter 5, Revised BOQ, (iii) Original revised diskette supplied by the Board, (iv) A separate diskette containing the Bill of Quantities with all the columns including unit prices and the amounts filled up, and (v) Five Bound Volumes containing print out of the Bill of Quantities made from the diskette of Skanska along with other supporting documents.;