COASTAL MARINE CONSTRUCTION AND ENGINEERING LIMITED Vs. MANGALORE REFINERY AND PETROCHEMICALS LIMITED AND ORS.

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner, the learned Senior Advocate Shri. Udaya Holla appearing for respondent No. 1 and the learned counsel appearing for respondent Nos. 3 and 4.

(2.) The first respondent, namely Mangalore Refinery and Petrochemicals Limited (a subsidiary of Oil and Natural Gas Corporation Limited) had invited bids for operation, maintenance, inspection and security of a Single Point Mooring facility for a period of five years. The bidders were required to have provided maintenance services including oil spill response for a of minimum period of one year, to at least one operating SPM system (CALM Type) with Buoy (turntable or turret type) including associated sub -sea pipeline system for mooring of Very Large Crude Oil Carrier (VLCC) of the capacity of tankers 250,000 DWT and above in an offshore location in a minimum water depth of 30 meters during the last five years from the last date of submission of the bid.

(3.) It transpires that the petitioner had submitted its bid and so had respondent Nos. 3 and 4, who inturn had formed a consortium. The bid submitted by respondent Nos. 3 and 4 has been accepted, notwithstanding the fact that respondent Nos. 3 and 4 are said to have violated the bid conditions. Hence, the selection of respondent Nos. 3 and 4 is alleged to be bad in law. And opening the price bid of respondent Nos. 3 and 4 when it did not meet the financial criteria under the tender and the acceptance of the bid is thus contended to be void and hence, the petition.