SOM PROJECTS PVT LTD Vs. RITES LIMITED

JUDGEMENT

(1.) The petitioner has filed the present petition seeking recall of tender issued in February, 2016 (hereinafter referred to as "the February tender") and quashing of the fresh tender issued in April, 2016 (hereinafter referred to as "the April tender"). Further, a direction has been sought for considering the petitioner for award of the contract in terms of the February tender.

(2.) The respondent had invited an E -tender for construction of Traction Alternator Factory at Vidisha, Madhya Pradesh PKG -III in February, 2016. The tender was a two bid tender and required the bidders to submit a technical bid and a financial bid. As per the petitioner, the financial bids were opened on 30.03.2016 and the petitioner was found to be the lowest bidder.

(3.) It is contended that the petitioner wrote several letters to the respondent to award the contract to the petitioner since the petitioner was L -1. It is contended that the petitioner apprehended that the respondent would declare L -2 as L -1 by altering the numerical figure given in the financial bids. It is contended that on 14.04.2016 the petitioner learnt that the respondent had recalled the February tender and issued the April tender.