ST. ELECTRONICS (INFER SOFTWARE SYSTEM) PVT. LTD. Vs. PATIMAS INTERNATIONAL SDN BERHAD

JUDGEMENT

(1.) This petition for leave to appeal by the writ-respondent No.4 is directed against the judgment and order dated 20.5.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 11238 of 2006 making the rule absolute.

(2.) The fact shortly stated is that the respondent No.1 as the writ petitioner filed the aforesaid writ petition challenging the order dated 5.11.2006 passed by the respondent No.2 on the complaint filed by the petitioner, writ-respondent No.4, holding that the bid offer of the respondent No.1, writ-petitioner, was non-responsive and any process for awarding the contract to the respondent No.1 should be immediately cancelled with a direction upon the respondent Nos. 3 and 4, Ministry of Finance and Bangladesh Bank respectively, to award the contract in favour of the petitioner, writ-respondent No.4, as the lowest responsive bidder.

(3.) This case involves awarding of a contract pursuant to the International Tender floated by the respondent No.4, Bangladesh Bank, for its project called "Central Bank Strengthening Project" for supply, installation, testing and commissioning of standard hardware and software including training and technical support under the World Bank with a view to strengthening the Bangladesh Bank through automation process to enable it to effectively play more efficient role as a central bank. International Development Association (IDA) extended a credit in favour of the People's Republic of Bangladesh towards the cost of its Central Bank Strengthening Project. The estimated cost, of the package was U.S. Dollar 4.296 million as reflected in the procurement plan approved by the World Bank. Invitation for Bids was published in various newspapers in Bangladesh including "Prothom Alo" dated 20.1.2006 and 3(three) bidders namely, the petitioner, respondent No.1 and another, Thakral Gulf FZE (UAE), submitted their bids. All the 3(three) bids were opened on 4.6.2006 and the tender of the respondent No.1, Patimas International Sdn Berhad (PISR), writ-petitioner, was found to be the lowest. The Tender Evaluation Committee (TEC) of the Bangladesh Bank, respondent No.4, however found all the three bids as non-responsive and recommended for retender.