YOJAKA INIDA PRIVATE LIMITED Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This intra court appeal arises out of an order dtd. 23/2/2022 passed by learned Single Judge, by which writ petition preferred by respondent No.5 has been allowed. In order to appreciate the grievance of the appellant, relevant facts need mention, which are stated infra.

(2.) New Mangalore Port Trust (hereinafter referred to as 'NMPT' for short) had invited bids from eligible bidders for construction of break water, marine structure, dredging and reclamation of fishing harbour at Kulai. The technical bids of respondent No.5 and the appellant as well as two other tenderers submitted their bid, which were opened on 23/2/2020. The respondent No.5 and another bidder were found to be responsive. However, tender was canceled as the rate quoted by lowest bidder was 40% above, the estimated cost of the project.

(3.) Thereafter, the NMPT again passed a resolution on 10/12/2020, in pursuance of which bids were invited again on 21/12/2020, adding some more work to the project. A pre bid meeting was held on 11/1/2021. The last date of submission of tender was 1/2/2021, which was extended to 22/2/2021 and tenders were opened on 23/2/2021. Again the appellant as well as respondent No.5 and two other tenderers submitted the bid. The Tender Evaluation Committee on the basis of the report submitted by the Project Management Consultant dtd. 25/3/2021, in its meeting held on 30/3/2021 found the technical bid of the appellant to be non responsive, whereas, the bid submitted by respondent No.5 was accepted.