MAHINDRA SANYO SPECIAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, an unsuccessful bidder, filed the Writ Petition No.14847/2018, which was dismissed by the Writ Court vide its order dated 27.8.2018. The appellant - petitioner filed this writ petition for issuance of a writ of mandamus to the Rail Wheel Factory, Indian Railways - the respondent No. 2 - to include and consider the appellant - petitioner's' bid in respect of Tender No.201710849. The appellant also prayed for an alternative relief of declaration that the tender proceedings under Tender No.201710849 are illegal, and for issuance of a writ of mandamus directing the respondent No. 2 to re-issue fresh tender for the supplies in respect of which bids were invited under Tender No. 201710849.

(2.) Briefly the facts of the case are that on 21.2.2018, the respondent No. 2 issued a tender notification in Tender No.201710849 inviting online bids for supply of 'Round Corner Square Steel Blooms' of various sizes. The interested participants were called upon to submit their respective bids online via an IT application known as 'Indian Railways E-Procurement System' (for short, 'IREPS') developed and maintained by Center for Railway Information Systems (for short, 'CRIS') - a Society incorporated by the Ministry of Railways. It was inter alia notified that the closing date and time for receipt of bids would be fixed as 2.4.2018 at 14:15 hours.

(3.) It is the appellant's case that the appellant has been regularly supplying specific products to the respondent No.2. The appellant has been participating in different tender auctions conducted by the respondent No.2 from 1989 onwards. The appellant has set up a manufacturing facility in an extent of 92.31 acres of land at Khopoli, Maharashtra investing over '500 crores and employing about 2000 workmen. The appellant participated in the bid because it possessed the requisite technical capabilities to enter into contract for supply of the tendered goods. The appellant effected the transfer of EMD on 30.3.2018, and commenced uploading the other details on 2.4.2018 at about 9:30 hours. The appellant could not quickly upload the necessary details because the server of the respondent No. 2 was responding slowly. The appellant completed uploading the financial offer, the penultimate stage of the bid submission process, at 11:31 hours. The only other process to be completed by the appellant was to check the relevant Box on the Website of the respondent No.2 to confirm acceptance of the declaration and click the 'submit' button on such website. The appellant could check the Box for confirmation of acceptance of the declaration only at 1:01 hours as the server of the respondent No. 2 continued to respond slowly. The appellant also clicked on the 'submit' button. As such, the submit button turned from 'black' to 'grey'.