PAHARPUR COOLING TOWERS LTD Vs. NTPC LTD

JUDGEMENT

(1.) In the process of setting up the Nabinagar Thermal Power Project at Stage-1, respondent no.1 issued an invitation for bids (ITB) dated 20.08.2008 for an induced draft cooling tower package (in short, IDCT) required for the said turnkey project. It is the say of the petitioner that from 20.08.2008 till 27.10.2009 various clarifications were issued and amendments made and it is only on 27.10.2009 that the bids submitted in pursuance to the instructions to bidders (in short, ITB) were opened. The petitioner was declared second lowest bidder ( in short, L-2) while respondent no.3 as lowest bidder ( in short, L-1).

(2.) The grievance of the petitioner in the present writ petition under Article 226 of the Constitution of India is that R-3 was declared as a successful bidder although it did not possess the necessary and mandatory qualifying requirements, as contemplated under Clause 8.3(c)(i) of the ITB read with clause 6.1 of the Invitation for Bids (in short, IFB). The petitioner sent various representation to respondent no.1 pointing out what they perceived to be the lack of qualification of respondent no.3, but to no avail.

(3.) In order to appreciate the controversy before us, it is necessary to reproduce the relevant clauses of both the ITB and IFB.