GSJ ENVO LIMITED JAYSONS INFRASTRUCTURE INDIA PRIVATE LIMITED (J.V.) Vs. THE CHAIRMAN, BENGALURU WATER SUPPLY AND SEWERAGE BOARD AND ORS.

JUDGEMENT

(1.) The petitioner is said to be a joint venture company, engaged in works related to transmission of water, pumping and creation of gravity sewers and other related activity. It is claimed that M/s GSJ Envo Ltd, ( Hereinafter referred to as 'the GSJ' for brevity) is said to be a public limited company, which is said to have implemented projects across the world. It is said to have executed several projects in the city of Bangalore, worth over Rs.100 crore, each. Similarly, the other company, Jayson Infra India Private Limited ( Hereinafter referred to as 'the Jayson', for brevity), is also said to be engaged in such activity for over 25 years.

(2.) In order to implement a project envisaging the Design, Construction and Commissioning of a 192 MLD Intermediate Sewage Pumping Station at the Koramangala Sports Complex, Koramangala , Bangalore, with funds provided by the Jawaharlal Nehru National Region Renewable Machine (JNNURM), the BWSSB had invited tenders to select an agency to implement the project, vide notification dated 28.8.2013. In terms of the same, the successful bidder was required to submit the bid offering to design, supply, construct, commission the project within 24 months and was required to provide operation and maintenance for seven years. The tender process was governed by the provisions of the Karnataka Transparency in Public Procurement Act, 1999 (hereinafter referred to as 'the Transparency Act', for brevity).

(3.) The learned Senior Advocate, Shri S. Vijayashankar, appearing for the counsel for the petitioner would contend that in terms of the express clauses found in the bid documents, pertaining to the acceptance of the bid and formation of contract, it is clear that on issuance of the letter of acceptance, a contract is formed between the parties. It is pointed out that it is further made explicit that notwithstanding the absence of a formal deed of contract, the contract formed by the acceptance of the offer is irreversible and it was no longer possible to claim that the bid process was being annulled, as was done by the respondent, BWSSB. The bidding process was completed and thus could no longer be "annulled".