STANDARD CASTINGS PRIVATE LIMITED., B-89, MAYAPURI INDUSTRIAL PHASE-I, NEW DELHI - 110 64, INDIA, REPRESENTED BY A.C. KHURANA Vs. GOVERNMENT OF KARNATAKA, THROUGH ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR BEEDHI, BANGALORE

JUDGEMENT

(1.) THE Petitioner is before this Court assailing the letter No. STS 157/2010 dated 05.02.2011 which is impugned at Annexure -P to the petition. By the said letter, the Petitioner has been informed that the Respondents cannot consider the Petitioner as qualified to award the work of fabrication of 18 Medium Water Tenders and thereby the offer has been rejected.

(2.) THE brief facts are that the second Respondent floated a tender on. 21.09.2010 vide notification No. 157/2010 inviting tenderers from those who meet the requirement to respond to the same. The same was a two stage bid whereunder the technical bid was to be opened first and the financial bid of the tenderers qualifying in the technical bid was to be opened. The Petitioner which claims to be a company incorporated on 14.03.1960 under the provisions of Companies Act responded to the same on 25.10.2010 by submitting - it's technical bid as well as financial bid. As per the other details indicated in the terms of the tender, the Petitioner is stated to have complied with the requirements. The technical bid was initially opened and therealter the financial bid of the persons who had qualified in the technical bid were also opened. The Petitioner is the lowest tenderer and therefore 'L1' Though this was the position, by the impugned communication dated 05.02.2011 (Annexure -P) the second Respondent has communicated to the Petitioner that the Petitioner has not complied with the requirement of past performance in execution of minimum five similar contracts. Therefore, the Respondents have indicated that the Petitioner cannot be considered as qualified to award the work of fabrication of 18 Medium Water Tenders.

(3.) HEARD Sri Sudhanshu Batra, learned senior counsel for P. Venkatsathyanarayana, learned Counsel for the Petitioner and Ms. M.C. Nagashree, learned Government Advocate for Respondents and perused the petition papers.