GAMMON INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide NIT dated 14.12.2001 respondent No.l i.e. the Government of India, Ministry of Defence through the Director General, Project Sea Bird invited bids for pre-qualification for the construction of Ship Lift Civil Works for the Project Sea Bird of the Indian Navy at the Karwar Port situated in Karnataka. Four parties submitted their tenders which included the petitioner, respondents 2 and 3 as well as M/s.AFCONS Infrastructure Ltd.. Pre-bid meeting was convened on 2nd and 3rd July,20O2 which was attended by all the four bidders. Many points and queries raised by the bidders were clarified in this meeting. Minutes thereof were also recorded. Last date for submitting the tenders was 20.9.2002. The tenders were to be submitted before 1100 hrs on that date and were to be opened by the respondent no.1 at 1130 hrs on the same day. As already pointed out above, aforesaid four parties submitted their bids which were opened at scheduled time in alphabetical order. Tender of AFCONS Infrastructure Ltd was opened first, followed by the tenders of the petitioner, respondent no.2 and respondent no.3. The price quoted by respondent no.3 was found to be the lowest. A Record Form recording opening of these tenders was filled wherein price quoted by the bidders were also mentioned and it was signed by the parties; This Record Form contained the following endorsement:

(2.) Thereafter all the four parties signed the same as witnesses. Signatures of the officers of respondent no.l also appeared therein.

(3.) At this stage it is appropriate to point out that bids of respondents 2 and 3 had covering letters which, inter alia, included certain points described by respondent no.2 as "assumptions" and by respondent no.3 as "deviations/exceptions and assumptions". Before opening the tenders of respondents 2 and 3, the Chairman of the Tendering Panel of the first respondent desired that the same be withdrawn by these respondents before tender is opened. Both respondents 2 and 3 agreed to the same and made endorsement to this effect on the same covering letter. They also agreed to forward formal letter withdrawing the stated assumptions. Thereafter, their tenders were opened. The minutes of tender were recorded and the factum of the withdrawal of list of assumptions in respect of respondent no.2 is stated in these minutes in the following manner: