MEGHALAYA POWER GENERATION CORPORATION Vs. ODIMAR SYIEMSAD

JUDGEMENT

(1.) Two contractors are at war. They are Odimar Syiemsad and Taibin Warjri. Two appeals were collectively heard by us. One of the appeals [WA No.36 of 2024] was preferred by the Meghalaya Power Generation Corporation Limited (MePGCL) where both Odimar Syiemsad and Taibin Warjri were respondent Nos.1 and 2. The other appeal was preferred by Taibin Warjri [WA No.38 of 2024] where the others were respondents. Both the appeals were against a judgment and order dated 7 th June, 2024 passed in the writ petition [WP (C) No.34 of 2024] preferred by Odimar Syiemsad. The cause of action arose in the following manner. On 4/7/2023, Meghalaya Power Generation Corporation Limited made a public announcement by an advertisement inviting tenders for construction of an indoor stadium in Nongtrai village, Mawsynram, East Khasi Hills. The last date for submission of tenders was 26/7/2023.

(2.) I have not been able to appreciate the logic in fixing the minimum bid price of Rs.2,87,89,896.00. Usually in works contracts, a reserve price is fixed below which offers would not be entertained. Normally, in these tenders, the person inviting tenders is the prospective seller or vendor and would not sell the tendered item below a particular price. This person could be the government or any government agency also. But when the tender is for accepting the offer of the lowest eligible bidder for construction of a stadium fixation of a minimum amount is contrary to logic and reason and not understood by me. There were five tenderers. Four of them are parties in these appeals. One of them Mostophar Kharkongor was not impleaded. Four of the tenderers including Mostophar Kharkongor but excluding Odimar Syiemsad made identical bids on 26/7/2023 the last date for submission of tender.

(3.) Odimar Syiemsad also submitted his tender on the last day but his offer was about Re.1 more than the others. Between 26/7/2023 and 6/2/2024 technical bids followed by financial bids were submitted and considered by the Tender Committee. On 7/2/2024, the Tender Committee called a meeting of the four tenderers who had bid for the same minimum price of Rs.2,87,89,896.00. The Committee, it appears persuaded these four bidders to mediate and select one of them who would take the contract and the others would then voluntarily bow out of the tender process. As recorded in the minutes of the meeting of that day, the four bidders, Mostophar Kharkongor, Odimar Syiemsad, Taibin Warjri and Connie F. Sawkmie deliberated at the meeting and decided to give up their claims to facilitate award of the contract to Taibin Warjri.