JINDAL STAINLESS LIMITED Vs. INDIA GOVERNMENT MINT

JUDGEMENT

(1.) In the present proceeding under Article 226 of the Constitution of India, a direction is sought that the condition contained in Section IX (4)(b), of the tender (issued by the respondent, India Government Mint, for procurement of a large quantity of Stainless Steel Coils and Blanks) regarding financial standing of a bidder is inessential. It was submitted during the hearing that the petitioner's position is that such a condition cannot be the sole determinative factor and that all eligibility conditions have to be given equal weight.

(2.) Brief facts of the case are that the respondents India Government Mint issued a tender calling for bids for the supply of 15000 MT of FSS Coils, 758 MT OF SS Blanks and 8288 MT of BM Blanks sometime in April 2013. Apart from the other conditions, the eligibility requirements contained in their tender stated that:

(3.) The petitioner states that since the tender requirements was more than 20,000 MT of coils and blanks, the respondent had to ensure that bidders were technically and financially capable of supplying such large quantities. The petitioner states that it is one of the largest manufacturers of stainless steel in the country and the 9th largest manufacturer globally. The Petitioner furnished its quotation bid on 11.06.2013. It is stated that the respondent, i.e. India Government Mint asked the petitioner on 15.06.2013 to provide signed copy of the amended clauses of the Pre-bid/Pre-Contract Integrity Pact and documentary evidence of its performance and also certified financial data including annual turnover, profit after tax and net worth for the last three financial year ending 31.03.2013. The petitioner stated that its Hissar unit is the largest supplier of coils and blanks and that it was willing to abide by the request. Consequently it provided the India Government Mint with the requisite documentary proof on 21.06.2013. India Government Mint, i.e. the respondent once again asked for audited balance sheet for the past three years by its letter dated 29.06.2013. The Petitioner contends that its Hissar division unit used to supply coils and blanks to India Government Mint which never asked for profit and loss statements for the past decade or so. Further the Petitioner pertinently avers that: