MANISH ELECTRICALS Vs. AIR PORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The instant Writ Petition has been filed by the Petitioner seeking setting side of the reverse auction conducted by Airport Authority of India, i.e. Respondent No. 1, on 14/11/2022 and seeking a direction to conduct a fresh reverse auction for a tender for the "Upgradation of CAT-I lighting system to CAT-II lighting system at Swami Vivekanand International Airport, Raipur, ("Impugned Tender").

(2.) The relevant facts, in short, are as follows: -

(3.) On 30/8/2022, Respondent No.1 floated a NIT for "Upgradation of CAT-I lighting system to CAT-II lighting system at Swami Vivekanand International Airport, Raipur. The NIT envisaged a two-pronged process for bidding. In the first round, the NIT invited bids from all interested parties. Thereafter, after satisfying the technical criteria and qualifying requirements, the second round was the financial bid. In order to get a better deal, the NIT had also envisaged the process of reverse bidding. The L-1 bidder was to be announced after the Reverse Auction. During the reverse auction, the bidders were to submit a discounted amount after subtracting it from the original bid. Pertinently, Clause 5 of the NIT stated that the lowest quote evaluated shall be visible to all the bidders during Reverse Auction.