ISC PROJECTS PVT. LTD. Vs. IRCON INTERNATIONAL LIMITED

JUDGEMENT

(1.) The petition, (i) impugns the order/communication dated 10th August, 2020 of the respondent IRCON International Limited rejecting, during technical evaluation by the constituted Committee, the bid of the joint venture of the two petitioners, for the reason "technically disqualified"; and, (ii) seeks mandamus, directing the respondent to declare that the petitioners are eligible to participate in the bid process and to allow the petitioners to participate in the bid process.

(2.) The respondent, on behalf of West Central Railway, on 17th March, 2020 invited bids for construction of Down Line Railway Grade separator running over New Katni Junction and Katni Murwara yards and comprising construction of Rail Viaducts on Pile foundation, composite steel girders and Deck Slabs, Open Web Girders, Retaining Walls, minor bridges, Earthwork and allied other civil engineering works in Katni District, Madhya Pradesh, for Katni grade Separator project of West Central Railway (Package-I), vide e-Tender document NIT No: IRCON/CO/KGS/Civil /DN/106.

(3.) The two petitioners namely (i) ISC Projects Pvt. Ltd.; and, (ii) Royal Infraconstru Ltd., on 8th June, 2020 formed a Joint Venture (JV) in the name and style of "ISC Projects - Royal JV" for submission of the technical and financial bid for the above mentioned tender, with the petitioner no.1 ISC Projects Pvt. Ltd. being the lead member of the JV for intents and purpose of representing the JV with the "Employers", and so submitted the bid, claiming to be qualified therefor as per technical qualifications prescribed in the tender.