STATE OF KERALA Vs. ZOOM DEVELOPERS PVT LTD

JUDGEMENT

(1.) Leave granted.

(2.) A short question which arises for determination in these civil appeals is - whether the decision of the Bid Evaluation Committee ("EC" for short) dated 6.5.2008 rejecting the Bid Proposal made by the Consortium led by M/s. Zoom Developers Pvt. Ltd. as non-admissible in terms of RFP and thus excluding the said Consortium from the zone of consideration was unjustified, arbitrary and bad in law, as held by the impugned judgment of the Kerala High Court dated 4.12.2008 in Writ Appeal No. 1460/2008. Facts :

(3.) Government of Kerala (GoK) vide G.O. No. 9/07/FandPD, dated 9.3.2007 decided to invite bids for the Development of International Deepwater Seaport and Container Transshipment Terminal at Vizhinjam under Public-Private Partnership. Vide G.O. dated 15.6.2007 GoK decided on the key provisions in the Request For Proposal ("RFP" for short) documents for the bidding of the above Project. A competitive bid process was thus initiated by M/s. Vizhinjam International Seaport Ltd. ("VSL" for short). VSL was the Sponsor. IL and FS Infrastructure Development Corporation ("IDC" for short) was the Project Advisor. Accordingly, on 8.8.2007, Press Notification was issued by M/s. VSL inviting RFP for the development of the Project. On 23.1.2008 a Bid Opening Committee was constituted vide G.O. of the same date. Thirty-three firms obtained the RFP documents. Vide G.O. dated 19.2.2008, Bid Evaluation Committee headed by the Chief Secretary was also constituted to Evaluate the Bid Proposals. Ultimately, bids were received from the following five Consortia by 31.1.2008 (which was the last date stipulated for receiving the Bids, they were :