ECIL RAPISCAN LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) ECIL Rapiscan Ltd., which is the petitioner in CWP NO. 6615/2002 is joint venture of Electronic Corporation of India Ltd., a Government of India Undertaking and Opto Sensors Incorporation, USA. Tender submitted by this petitioner for supply of 220 colour XBIS-X-ray baggage inspection system has been rejected and order is placed on respondent No. 3 for supply aforesaid system. The petitioner is challenging rejection of its bid and award of contract in favour of respondent No. 3 in this writ petition.

(2.) Opto Sensors has two subsidiary companies, namely, Rapiscan Security Products Ltd., U.K. and U.S.A. and Opto . Sensors, Malaysia. One of its subsidiaries, namely, Rapiscan Security Products Ltd., USA had also submitted its bid pursuant to same - tender which met the same fate. Accordingly, this petitioner, namely, Rapiscan Security Products Ltd., USA has also filed CWP No. 7240/2002 praying for same relief i.e. quashing of the order rejecting its bid and award of contract dated 3rd September, 2002 in favour of respondent No. 3.

(3.) Product of both the petitioners is same with same technical specifications which was offered in the bids submitted by these petitioners. Thus, as the same tender is in question in both the petitions and on same grounds bids of the both the petitioners were rejected and the challenge in the petitions to the action of respondent in these writ petitions is also common, these petitions were heard together and are being disposed of by this common judgment.