EARTHCO SPARES Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The Respondent-South Eastern Coalfields Limited published a Notice Inviting Tender (hereinafter called 'the NIT') dtd. 23/7/2015 for "procurement of Integrated Pre-Lubricated Cartridges as per specifications". The NIT provided for exemption from payment of Earnest Money Deposit (hereinafter called 'the EMD') by an intending bidder if it was registered with the National Small Industries Corporation (hereinafter called 'the NSIC') for tendered items subject to uploading of necessary documents in support of the same. The tender was liable to be rejected in absence of the requisite EMD or absence of necessary documents claiming exemption. The Petitioner as a bidder did not submit EMD claiming exemption as a Unit registered with the NSIC regarding the tendered item. The NSIC store details in support of the same were also uploaded. The technical bid of the Petitioner was rejected on 28/11/2015, stating that Integrated Pre-Lubricated Cartridge was specifically not covered in the NSIC store details submitted by it. It was therefore not eligible for exemption from EMD and had failed to submit EMD rendering its bid ineligible for consideration.

(2.) Learned Counsel for the Petitioner submitted that the NIT was in respect of a single item, Integrated Pre-Lubricated Cartidge which had to be in accordance with the specifications mentioned in the NIT at Annexure 'A'. It is the further case of the Petitioner that the NSIC store details mentioned in its NSIC certificate at serial No. 1 are but the ingredients of Integrated Pre-Lubricated Cartridge which is the end product. The rejection of its bid was therefore not justified.

(3.) The action of the Respondent in rejecting the bid on the aforesaid ground was also assailed as being arbitrary and discriminatory with reference to an earlier NIT published by the Respondent on 7/11/2013 also for Integrated Pre-Lubricated Cartridge as per the specifications which were likewise mentioned at Annexure 'A'.