BHATIA COAL WASHERIES LTD. AND ANR. Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2016-3-132
HIGH COURT OF CALCUTTA
Decided on March 01,2016

Bhatia Coal Washeries Ltd. And Anr. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

DIPANKAR DATTA, J. - (1.) The first petitioner intended to participate in a process of tender initiated by the West Bengal Power Development Corporation Ltd. (hereafter the Corporation) vide notice inviting tender dated January 15, 2016 for 'Beneficiation of Coal from Mahanadi Coalfields Limited'. Thwarted in its attempt to so participate by a pre-qualification criterion laid down in such notice, this writ petition has been presented seeking an order not to give effect to the same.
(2.) The pre-qualification criterion that stands in the way of the first petitioner offering its bid reads as under: "Following documents in support of Qualifying Requirement of the Bidder are to be uploaded along with the Bid: ****** (v) Experience of having successfully completed similar work during last 7 years, ending last day of month previous to the one in which bids are invited, should be either of the following: (a) Party must have executed three similar work orders each of not less than Rs. 51 cr OR (b) Party must have executed two similar work orders each of not less than Rs. 64 cr OR (c) Party must have executed one similar work order of not less than Rs. 102 cr Relevant Execution certificates must be submitted."
(3.) According to the case run in the writ petition, the terms and conditions of the tender notice are perfectly tailored to suit the fifth respondent so that none else apart from it would be eligible to apply.;


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