ELCOME TECHNOLOGIES PVT LTD Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has called into question the second respondent's letter, dated 18.6.2013 (Annexure -P), which informs that the tender process for procurement of 528 Electronic Total Station Instruments ('ETS' for short) has been cancelled as directed by the Government. The petitioner has prayed for a consequential direction to the respondent Nos.1 and 2 to issue the purchase orders to the petitioner for the supply of 475 ETS.

(2.) THE facts of the case in brief are that the respondent No.1 invited e -tenders from reputed Indian/Foreign manufacturers or authorised agents, dealers, distributors for the supply of total 528 ETS units. As per Section 4 of Request for Proposal (Annexure -B), the bidder quoting the lowest price (L1) supplies 50% of the total ETS units. The bidder quoting the second lowest price (L2) supplies 40% of them. The bidder quoting the third lowest price (L3) supplies 10% of the ETS units. Further, both L2 and L3 have to supply ETS at the price quoted by L1. If L2 and/or L3 fail/refuse to supply ETS at the rates quoted by L1, then their share of the total supply of ETS is to be made by the L1 only.

(3.) THE petitioner and other bidders gave the demonstration of the ETS on 9.3.2013 before the respondent No.2. On 14.3.2013, the petitioner gave the discount and reduced the price of 1 ETS unit from Rs. 3,10,000/ - to Rs. 2,62,000/ -. It is not in dispute that the petitioner emerged as the L1 bidder, M/s. Lawrence and Mayo as L2 bidder and the respondent No.3 Janak Positioning and Surveying Pvt. Ltd., as the L3 bidder. On M/s. Lawrence and Mayo refusing to supply the ETS at L1's rate, the share of L2 (40% of 528 units) was also to be supplied by L1, that is L1 was required to supply 90% of 528 units, which comes to 475 ETS. The second respondent vide his letter, dated 19.3.2013 (Annexure -H) informed the petitioner that the Cabinet has approved the proposal and that the authorities are in the process of communicating the formal purchase order. Further, the respondent No.2 called upon the petitioner to arrange for the supply of the ETS machines quickly. The said entire letter is reproduced hereinbelow: