w w w . L a w y e r S e r v i c e s . i n



M/s. Shyamsingh Devisingh Thakur & Construction Company & Another v/s Municipal Council, Mohpa through its Chief Officer & Others


Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- A G L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400WB2008PTC126885

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- M B N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007322

Company & Directors' Information:- P K THAKUR & CO. P. LTD. [Active] CIN = U74210WB1989PTC047496

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- S R K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1998PTC008483

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- N A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC192764

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- S H A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202DL1996PTC076831

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- J B F CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45200JK2008PTC002952

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- E H CONSTRUCTION CO PVT LTD [Active] CIN = U45209WB1984PTC037174

Company & Directors' Information:- A C K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203PN2002PTC017065

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- P K S CONSTRUCTION CO PRIVATE LIMITED [Active] CIN = U45200HP2004PTC027694

Company & Directors' Information:- H D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032183

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200HR2020PTC088988

Company & Directors' Information:- C S CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200MH2020PTC346811

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- D. D. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2008PTC013043

Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- S P THAKUR CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00082HP2005PTC029230

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- A P G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168160

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- R G M CONSTRUCTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200BR1992PTC004863

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- J. K. D. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PB2009PTC033102

Company & Directors' Information:- B H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC193976

Company & Directors' Information:- K L G CONSTRUCTION INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MH2015PTC264933

Company & Directors' Information:- J W CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC198916

Company & Directors' Information:- U N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400PN2014PTC150730

Company & Directors' Information:- G T K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096261

Company & Directors' Information:- J B CONSTRUCTION PVT LTD [Strike Off] CIN = U45200MH2004PTC025668

Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

Company & Directors' Information:- R M J CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70102UP2010PTC040949

Company & Directors' Information:- M V CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U45400WB1967PTC011413

Company & Directors' Information:- A P L CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031395

Company & Directors' Information:- H AND K CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70200HP2014PTC000633

Company & Directors' Information:- I. A. A. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2011PTC220447

Company & Directors' Information:- R M D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC185164

Company & Directors' Information:- A R M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2008PTC185770

Company & Directors' Information:- G-5 CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC265907

Company & Directors' Information:- U P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2014PTC271791

Company & Directors' Information:- V 2 S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC273750

Company & Directors' Information:- A T N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2015PTC288656

Company & Directors' Information:- I G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201DL1996PTC077365

Company & Directors' Information:- P P S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138608

Company & Directors' Information:- K. C. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC231726

Company & Directors' Information:- N R D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC244905

Company & Directors' Information:- S A Z CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267130

Company & Directors' Information:- A & Z CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70101DL2012PTC231712

Company & Directors' Information:- B & U CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203GJ2013PTC075424

Company & Directors' Information:- C P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1988PTC043759

Company & Directors' Information:- K P CONSTRUCTION (INDIA) PVT LTD [Strike Off] CIN = U74210WB1985PTC039394

Company & Directors' Information:- T K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210WB1985PTC039731

Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

Company & Directors' Information:- B P CONSTRUCTION CO PVT LTD [Strike Off] CIN = U95201WB1955PTC022488

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

Company & Directors' Information:- A S G CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70200DL1996PTC075278

Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

Company & Directors' Information:- S R S S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC176504

Company & Directors' Information:- B C R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U99999MH1979PTC021005

    Writ Petition No. 8348 of 2018

    Decided On, 20 March 2020

    At, In the High Court of Bombay at Nagpur

    By, THE HONOURABLE MR. JUSTICE A.S. CHANDURKAR & THE HONOURABLE MR. JUSTICE AMIT B. BORKAR

    For the Petitioners: M.P. Khajanchi, Advocate. For the Respondents: R1 & R5, U.K. Bisen, R2, Abhishek Shukla, Advocates.



Judgment Text


Oral Judgment: (A.S. Chandurkar, J.)

1. Since challenge has been raised to the acceptance of the tender bid of the respondent no.2 and as the tender work pertains to construction of a minor bridge, at the request of the learned counsel for the parties we have heard the learned counsel for the parties at length.

2. The facts giving rise to the present proceedings are that on 24.10.2018 Municipal Council, Mohpa - Respondent No.1 published a tender notice inviting offers for the work of construction of minor bridge across Madhuganga River. The petitioner no.1 along with the respondent nos. 2 to 4 responded to the tender notice. On 04.12.2018 after the technical bids were opened and the envelopes of all bidders were found to be valid, the financial bids were opened. The bid of the respondent no.2 was found to be the lowest. The Municipal Council accordingly proposed to issue a work order to the respondent no.2. The petitioner being aggrieved by the opening of the financial bid of the respondent no.2 on the ground that the respondent no.2 was not technically qualified has challenged the said process. The petitioners seek disqualification of the respondent no.2 from participating in the financial bid process and pray that being the lowest bidder, the work order be issued to the petitioner no.1.

3. Shri M.P.Khajanchi, learned counsel for the petitioners submitted that the technical bid of the respondent no.2 as contained in envelope no.1 did not satisfy the essential conditions prescribed in the tender notice. Referring to Clauses 1.4.7, 1.4.9 and 1.4.10 it was his submission that the essential conditions prescribed by these Clauses had not been satisfied by the respondent no.2. On that count, the financial bid of the respondent no.2 was not liable to be opened. As per Clause 1.4.7 it was necessary for a bidder to furnish scanned copy of details of work of similar type and magnitude with supporting certificates. It was submitted that as per said Clause a bidder was required to give details of work undertaken similar to the one for which the tender was issued. As the tender was issued for construction of a minor bridge, it was incumbent upon a bidder to have carried out work of similar type and magnitude. However, from the details of work undertaken by the respondent no.2, it could be seen that he had not carried out any work of similar nature. The documents submitted by the respondent no.2 indicated construction of compound walls, road widening, construction of dwelling houses and halls to have been undertaken. Work similar to construction of a minor bridge had not been carried out by the respondent no.2 and hence the bid of the respondent no.2 was liable to be treated as non-responsive. As per Clause 1.4.9 a bidder was required to give an affidavit as regards correctness and truthfulness of the documents furnished. The affidavit was to be given in the prescribed proforma making reference to the Chief Officer, Municipal Council, Mohpa. However, the respondent no.2 furnished the affidavit referring to the Chief Officer/Administrator, Municipal Council, Wanadongari. The affidavit therefore was not in the required format and not satisfying the tender condition. Referring to Clause 1.4.10 it was submitted that the scanned copy of the professional tax registration and clearance certificate was necessary. The respondent no.2 however furnished the photocopy of those documents and not scanned copy. The petitioner raised aforesaid objections on 03.11.2018, 05.11.2018 and 29.11.2018 but no cognizance of the same was taken. It was further submitted that after the technical bids were opened, the financial bids were to be opened two days therefrom. However the technical bids as well as the financial bids were opened simultaneously in breach of the prescribed condition. He further submitted that though the technical evaluation summary details indicated presence of the Chief Officer, the said Officer was not present when the bids were opened. The process of technical evaluation was therefore undertaken in the absence of the Chief Officer. He referred to reply filed on behalf of the respondent no.2 in that regard. It was thus submitted that after declaring the bid of the respondent no. 2 as non-responsive, the bid of the petitioner no.1 being lowest was liable to be accepted. He referred to the averments in paragraph 7 of the writ petition to indicate that the petitioners were willing to negotiate its financial bid to match the figures quoted by the respondent no.2 in its financial bid. In support of his submissions, the learned counsel placed reliance on the decisions in M/s.Jay Constructions Vs. The State of Maharashtra & Ors, 2019 (2) ALL MR 50, Supreme-Mahavir (JV) and others Vs. Municipal Corporation of Greater Mumbai and others, 2013(4) Mh.L.J. 836, Raunaq International Ltd. Vs. I.V.R. Construction Ltd and others, (1999) 1 SCC 492, Ramana Dayaram Shetty Vs. International Airport Authority of India and others (1979) 3 SCC 489. It was thus submitted that the petitioners were entitled to the relief as prayed for.

4. Shri U.K.Bisen, learned counsel for the respondent nos.1 and 5 submitted that the technical bid of the respondent no.2 was rightly found to be valid and thus its financial bid was also opened. According to him, work of similar nature and magnitude indicated that the bidder should have necessary experience of civil work and should be registered with the Public Works Department. It was not necessary that the bidder should have specific experience or should have carried out work of construction of a bridge. It was then submitted that the entire process had been carried out in a transparent manner and the lowest bid of the respondent no.2 had been rightly accepted. Though it is the case of the petitioners that they had raised objections on 03.11.2018, there was no reason for the petitioners to have waited for a period of one month as the writ petition was filed only on 06.12.2018. He referred to various conditions of the tender notice and submitted that all the bids that were found to be valid had been taken into consideration. In absence of any malafides on the part of the Municipal Council, there was no reason to interfere with its action.

5. Shri Abhishekh Shukla, learned counsel for the respondent no.2 supported the stand of the Municipal Council and emphasized that requirement as per Clause 1.4.7 was “similar work” and not “same work”. Since the respondent no.2 had done various works of construction of civil nature, those works could be treated as similar works and of the same magnitude. If the expression “similar work” was treated as same work then no new bidder would be able to participate in the tender process if he had not undertaken construction of any bridge. Experience in the construction work of civil nature was sufficient. He further submitted that as regards the requirement of Clause 1.4.9 the same was merely a technical error of minor nature and the same would not affect the technical bid of the respondent no.2. As the Office of the Chief Officer, Mohpa was vacant and the Chief Officer of Municipal Council, Wanadongari was Incharge, the affidavit was prepared in that manner. Similarly submission of photocopies of the professional tax registration and clearance instead of scanned copies was not a defect of major nature so as to disqualify the respondent no.2. The conditions relied upon by the petitioners to seek rejection of the technical bid of the respondent no.2 were not essential conditions and therefore there was no substance in the challenge as raised. Moreover, in the matter of acceptance of tenders the Courts would be slow to interfere in the absence of any allegations of malafide or the decision being perverse. In that regard the learned counsel relied upon the decisions in JSW Infrastructure Limited and another Vs. Kakinada Seaports Limited and others, (2017) 4 SCC 170 , Municipal Corporation, Ujjain and another Vs. BVG India Limited and others (2018) 5 SCC 462, Tejas Constructions and Infrastructure Private Limited Vs. Municipal Council, Sendhwa and another (2012) 6 SCC 464, Jagdish Mandal Vs. State of Orissa and others (2007) 14 SCC 517, Kanhaiya Lal Agrawal Vs. Union of India and others (2002) 6 SCC 315 and G.J.Fernandez Vs. State of Karnataka and others (1990) 2 SCC 488 to submit that the writ petition was liable to be dismissed.

6. We have heard the learned counsel for the parties and we have perused the documentary material placed on record. The acceptance of envelope no.1 containing the technical bid of the respondent no.2 has been objected to by the petitioners principally on the ground that material requirements prescribed in the tender notice based on it had not been satisfied by the respondent no.2. Before proceeding to examine the challenges as raised, it would be necessary to consider the scope for consideration of such challenges and the parameters on which the Court can interfere in such matters. In Supreme-Mahavir (JV) and others (supra) the tender floated was for improvement of roads in flexible pavements and also for improvement of various roads in rigid pavements. The bidders were required to furnish documents as regards experience in carrying out the work in terms of costs and quantity of asphalt road work to the extent of 30% of the costs. This information was held to be an essential condition as the object of that requirement was that each bidder was required to possess experience of the requisite extent of work of that nature. It was held that contractual terms which define conditions of eligibility ought to be scrupulously enforced. Relaxation of a contractual term with regard to a particular bidder could render the entire process arbitrary.

In Montecarlo Limited Vs. National Thermal Power Corporation Limited (2016) 15 SCC 272 while considering the scope for interference in matters relating to tenders, it was observed that where a decision is found to have been taken in consonance with the language of the tender document or the decision sub-serves the purpose for which tender is floated, the Court should follow the principle of restraint. In Afcons Infrastructure Limited Vs. Nagpur Metro Rail Corporation Limited and another (2016) 16 SCC 818, it has been held that if the decision making process was irrational or perverse interference would be permissible. In Raunaq International Limited (supra), the Hon’ble Supreme Court has referred to various considerations to be of paramount importance and one of them is past experience of the tenderer and whether he has successfully completed similar work earlier.

In JSW Infrastructure Limited and another (supra), it has been held that the writ Court cannot review the decision as made but can only consider the decision making process. The Courts should keep in mind that they do not have the necessary expertise with regard to technical decisions and it is only if the action suffers from malafides or arbitrariness or with an intention to favour a particular bidder or perversity that the Constitutional Court can interfere with the tender process. In Municipal Corporation, Ujjain and another (supra), it has been observed that the High Court can not act as an appellate Court for reviewing the evaluation of the tender. Similar observations can be found in Jagdish Mandal (supra). In Kanhaiya Lal Agrawal (supra) it has been held that if an essential condition of the tender is not complied with, it is open for the person inviting the tender to reject the same. Whether a condition is essential or collateral can be ascertained with reference to the consequence of non-compliance thereto.

Recently, the Hon’ble Supreme Court in The Bharat Coking Coal Limited and others Vs. AMR Dev Prabha and others (Civil Appeal No. 2197 of 2020) decided on 18.03.2020 has held that in addition to the aspects of arbitrariness, illegality or discrimination under Article 14 of the Constitution of India, the aspect of public interest involved should also be indicated while invoking writ remedy.

7. Keeping the aforesaid legal principles in mind it would first be necessary to refer to the relevant tender conditions which according to the petitioners have not been satisfied by the respondent no.2. According to the petitioners, Clause No.1.4.7 requires a bidder to furnish details of work of similar type and magnitude. Said Clause reads as under :

1.4.7 “Scanned copy of Details of work of similar type and magnitude with supporting certificates”

In this regard, it is to be noted that the tender in question relates to “construction of minor bridge across the Madhuganga River”. According to the petitioners under Clause 1.4.7 the expression “work of similar type and magnitude” would indicate that a bidder was expected to have carried out work similar to the work that was proposed to be awarded under the tender. It is emphasized that the respondent no.2 did not furnish any documentary material to indicate details of any “work of similar nature and magnitude”. In this context it is seen from the statement of work done and work in progress that has been submitted by the respondent no.2 that there is a reference to the work of construction of compound wall, lavatory blocks, road widening, construction of urinals and hall. It is thus contended that in absence of any details of the respondent no.2 having carried out work of similar type and magnitude, the technical bid of the respondent no.2 ought to have been treated as non-responsive.

8. It is seen from the tender notice that the respondent no.2 intended to carry out the work of construction of a minor bridge across a river within its jurisdiction. The requirement therefore prescribed by Clause 1.4.7 of furnishing details of work of similar type and magnitude has to be considered in the aforesaid backdrop. It is a matter of common knowledge that the technical skill and expertise required in the construction of a bridge is different from that which is required for carrying out work of construction of a compound wall, hall, lavatory blocks and cement-concrete road. According to the respondent no.2 since details with regard to civil work undertaken by it had been furnished, there was sufficient compliance with the requirement as prescribed by Clause 1.4.7. Considering the involvement of larger public interest in view of the fact that the bridge over the river was to be used by general public in large numbers whose safety was paramount, the respondent no.1 was justified in seeking details of work of similar type and magnitude carried out by the bidder. It is undisputed that the respondent no.2 did not furnish any details of work of any bridge being undertaken by it. We find that in the light of nature of the work that was proposed to be undertaken by the issuance of the tender, a bidder was required to have carried out work of similar type and magnitude in the context of construction of a bridge. The requirement of furnishing such details was an essential condition of the tender. Applying the principle as laid down in Mantecarlo Limited (supra) it is found that the decision taken by the respondent no.1 of accepting the technical bid of the respondent no.2 does not subserve the purpose for which the tender was floated. In other words, the tender being one for construction of a bridge across the river and the tender document prescribing furnishing of details of similar work and magnitude by a bidder, in the absence of any such work being carried out by the respondent no.2, the decision of the respondent no.1 of accepting the technical bid of the respondent no.2 does not sub-serve the purpose for which the tender was floated. Use of the words “similar type and magnitude” have to be given their due weightage and when those words are considered in the light of work to be allotted under the tender, a bidder was required to furnish details of work of such construction for which he had entered the fray. It is found that in the light of the nature of work under the tender, the requirement of furnishing details of work of similar type and magnitude was an essential condition of the tender. Hence on failure to give such details, the bid of the respondent no.2 ought to have been treated as non-responsive. Ignoring this essential condition has resulted in vitiating the decision making process on the ground of irrationality.

9. Another Clause on which the petitioners seek to rely is Clause No. 1.4.9 which requires furnishing of an affidavit on a stamp paper in the prescribed proforma. Clause 1.4.9 reads as under :

“Scanned copy of original affidavit regarding completeness, correctness and truthfulness of documents submitted on Rs.100/- Stamp paper as per prescribed proforma given on page No. 15 sworn before Executive Magistrate/Notary.”

The affidavit furnished by the respondent no.2 records the following words “Chief Officer/Administrator, Municipal Council, Wanadongri, District Nagpur” instead of words “Chief Officer, Municipal Council, Mohpa, District Nagpur”. It is however found that the objection in this regard as raised by the petitioners does not carry much weight as we find that there is substantial compliance in that regard by the respondent no.2 while executing the required affidavit. Merely because the Chief Officer of the Municipal Council, Wanadongri, was in-charge of the Office of the Chief Officer, Municipal Council, Mohpa, such affidavit was prepared by the respondent no.2. We do not find that this objection raised by the petitioners warrants acceptance.

10. According to the petitioners, the respondent no.2 by not submitting scanned copy of the professional tax regist

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ration and clearance certificate as prescribed by Clause 1.4.10 has not satisfied relevant condition of the tender notice. The respondent no.2 submitted a photocopy of that certificate instead of a scanned copy. This objection is noted only to be rejected. There is no merit in this objection raised by the petitioners. 11. It is thus found that Clause 1.4.7 requiring furnishing of details of “work of similar type and magnitude” was an essential condition of the tender and in absence of the respondent no.2 furnishing any details whatsoever in that regard, its financial bid was not liable to be opened. The eligibility of the respondent no.2 was thus affected. On that count, we find that a case for interference has been made by the petitioners. Hence for the aforesaid reasons, we pass the following order : It is held that on account of failure on the part of the respondent no.2 in not complying with condition No.1.4.7 its bid was liable to be treated as nonresponsive. Consequently, the financial bid of respondent no.2 was not liable to be opened. Though the petitioner no.1 has expressed willingness to negotiate with the respondent no.1 and reduce its bid to the bid amount as quoted by the respondent no.2, the matter is left at the discretion of the respondent no.1. The respondent no.1 is free to proceed further in accordance with the terms of the tender notice by treating the bid of the respondent no.2 non-responsive. Rule is made absolute in aforesaid terms leaving the parties to bear their own costs. At this stage, learned counsel for respondent no. 2 prayed that the interim order operating in the writ petition be continued for a period of eight weeks from today. This request is opposed by the learned counsel for the petitioners. In the facts of the case, the effect of this judgment is stayed for a period of eight weeks from today. The said direction shall cease to operate automatically thereafter.
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