RAJVAIBHA ENTERPRISES (P) LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, a small scale industry, who could not upload its tender/offer pursuant to tender notification (Annexure-C) dtd. 6/6/2022, is before this Court under Article 226 of the Constitution of India praying for a direction to the 2nd respondent to permit the petitioner to participate in the entire tender proceedings by submitting a financial bid in hard copy with respect to the Tender bearing Nos.BESCOM/BCP-1404/2022-23, BESCOM/BCP-1402/ 2022-23, BESCOM /BCP-1403/2022-23 marked and produced at Annexures-C, D and E and to direct the 2nd respondent to amend/modify Clause 4(4) and 4(7) to the extent that it is non-discriminatory and encourage fair competition between the MSME Enterprises and other large industries.

(2.) Heard Sri Pratik Pany, learned counsel for Sri Abhilash Raju, learned counsel for the petitioner and Sri M. Vinod Kumar, learned Additional Government Advocate for respondents 1 and 3, as well as Sri S. Sriranga, learned Senior Counsel along with Sri Arihant R. Sungay for 2nd respondent. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the 2nd respondent under Annexure-C invited tenders through e-procurement portal for supply of 9 Meter Long 300 Kg W/L PSCC Poles. The bid documents were available from 6/6/2022 and the last date for submission was 21/6/2022 which was extended up to 24/6/2022. It is the grievance of the petitioner, that on 24/6/2022 at 2.30 p.m. the petitioner tried to upload the offer of the tender, but petitioner could upload technical bid and at the stage of uploading the finacial bid, due to technical glitch the petitioner could not upload the financial bid. Therefore, the petitioner is before this Court seeking for the above direction to accept the financial bid in hard copy.