COMMISSIONER DIRECTORATE OF LOGISTICS Vs. ALMIGHTY TECHSERV

JUDGEMENT

(1.) Delay condoned.

(2.) The Central Board of Excise and Customs (CBEC), through the Directorate of Logistics floated an etender for supply, installation and maintenance of 74 videoscopes at various field formations of CBEC. Various bids were received. The tender was awarded in favour of M/s. ASVA Power Systems India Pvt. Ltd. The award of this tender was challenged by the unsuccessful bidder M/s. Almighty Techserv on various counts. The High Court vide impugned judgment has held that the award of tender in favour of M/s. ASVA Power Systems India Pvt. Ltd. is illegal and according to the calculation of the High Court, the tender of the writ petitioner should have been treated as the lowest tender and the loss caused to the Government is roughly about 63 lakhs. The order of the High Court has been challenged by the Department as well as by M/s. ASVA Power Systems India Pvt. Ltd.

(3.) At this stage, we are only dealing with the issue of interim relief. Mr. Aman Lekhi, learned Additional Solicitor General appearing for the Department urges that 74 videoscopes are urgently required by the Department. He submits that the judgment of the High Court is wholly incorrect. He also submits that since these equipments are urgently required by the Department and have already been imported into India and are ready for installation, the order of the High Court be stayed.