SRV TECHNO ENGINEERING PRIVATE LIMITED Vs. TRIPURA STATE ELECTRICITY CORPORATION LIMITED

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned senior counsel assisted by Ms. R. Chakraborty, learned counsel appearing for the petitioner as well as Mr. N. Majumder, learned Standing counsel, appearing on behalf of the respondents-TSECL.

(2.) By means of filing this writ petition, the petitioner has challenged the impugned Notice Inviting Tender dtd. 6/3/2023, the impugned publication dtd. 8/3/2023 and the impugned Memorandum of Cancellation of tender dtd. 9/3/2023.

(3.) Briefly stated, the respondents floated tender NIT No./Specification No. AGM(DP&C)/TSECL/RDSS/INFR/A/LR/22-23/005, dtd. 5/9/2022 for the purpose of "Development of Distribution Infrastructure under Revamped Distribution Sector Scheme (RDSS)" at South Tripura District. The petitioner had participated in the tender process and submitted his bid on 21/10/2022 thereby quoting its rates for Sepahijala District, Gomati District and South Tripura District. Thereafter, the petitioner had invested certain amounts in the form of bank guarantee and deposited tender document fee in relation to the said tender. Since adequate numbers of bidders were not found, the last date of submission of bid was re-scheduled on 15/10/2022 and date of opening was re-scheduled on 30/9/2022. Thereafter, again due to paucity of bidders, the last date of submission of the bid was re-scheduled on 21/10/2022 and the date of opening was rescheduled on 25/10/2022. Thereafter, the respondent no. 3 herein issued the Minutes of the Tender Opening dtd. 25/10/2022 thereby opening the technical bid for the said work. Several correspondences were exchanged and subsequently on 2/12/2022 the Financial bid was opened. Thereafter the respondent no. 3 invited the petitioner for negotiation since the quoted price was of the higher side by 23%. After negotiation with the respondent no. 3, the petitioner agreed to revise the quoted price. Subsequently, thereafter, on 6/3/2023 the respondent no. 1 has published another NIT for execution of the same work putting the estimated cost to tender much higher the previous estimated cost put to the previous tender. On the following day the respondent no. 3 by e-mail dtd. 9/3/2023 cancelled the tender of the petitioner dtd. 5/9/2022 for some administrative reasons. Being aggrieved, the instant writ petition is filed by the petitioner.