JAI AMBEY ROADLINES Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Cancellation of the contract, recovery of the penalty and debarment under Clause 6.1 and 9.2 of the 'General Terms and Conditions' of the tender notification, as per Annexure P/1 order dated 29.09.2020, are put to challenge in this petition.

(2.) The Petitioner is a proprietorship firm engaged in the business of transportation. Pursuant to Annexure P/3 E-Tender Notice dated 22.07.2020 issued by the 2nd Respondent, inviting bids from prospective bidders for hiring of tippers for transportation of surface minor cut coal to various destinations, the Petitioner participated in the same and came to be placed at 'L-2' level.

(3.) M/S Akhlak Ahmad, another prospective bidder was got placed at 'L-1'. After declaring the status as above, the 'Letter of Intent' (for short, 'LOI') was awarded to the 'L-1' bidder the bid evaluation was conducted in terms of Clause 11 of Annexure P/2 'NIT'. On evaluating the bid, it was noted that the 'L-1' bidder could not clear Clause 11(v), under which circumstance their bid was rejected.