ASHOK LEYLAND LIMITED Vs. DTC

JUDGEMENT

(1.) PETITIONER by this writ petition seeks quashing of the decision taken by respondent no. 1 -Delhi Transport Corporation to award the contract of supply of 500 Non A.C. and 125 A.C. Low Floor buses to Tata Motors Ltd -respondent no. 2. Further a writ of mandamus is sought by the petitioner directing respondent no. 1 to award the contract in its favour. Respondent no. 1 -Delhi Transport Corporation and invited bids for the supply of 500 Non A.C. and 125 A.C. Low Floor CNG buses. Global Bid No. DCGM -(MS -1)C&BP/820/2006 was issued vide Bid Invitation Notice dated September, 2006. Petitioner, respondent no. 2 -Tata Motors Ltd and respondent no. 3 -King Long had submitted their bids. Petitioner is a leading manufacturer of commercial vehicles, buses, trucks and special vehicles. Petitioner claims that it has a distinction of having put half a million vehicles on Indian roads. It has the latest ISO/TS corporate certificates. It has obtained certification no. 16949 of July, 2006 which is specific to auto Industry. In other words, it claims impeccable credentials as an auto manufacturer of repute. Petitioner had submitted its tender in response to the global bid. It was found to be responsive and so declared by respondent no. 1 -D.T.C.

(2.) TATA Motors Ltd. -respondent no. 2 herein is also in the business inter alia of manufacture and sale of C.N.G. buses. Petitioner contends that respondent no. 2's bid was ex facie non responsive. In terms of did document, it was liable to be mandatorily and summarily rejected. Petitioner avers that in these circumstances, it is of no consequence that respondent no. 2 is found to be L -1. Respondent no. 3 -King Long has been impleaded as a proforma party inasmuch as it has been declared to be L -3 and petitioner being declared as L -2.

(3.) LET us consider the case as set up by the petitioner.