VARAHA INFRA Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) With the consent of the parties, the writ petition is set down for final hearing and disposal.

(2.) Before the rival submissions of the learned counsels for the parties can be noticed, we deem it appropriate to outline the facts which have led to the filing of this writ petition. An E-tender was invited on 09.02.2018 by the respondent no.1 NHAI inviting tenders for Six Laning of existing Four Lane road from Gundugolanu (Design km 1023.280) to Kalaparru (Design km 1050.680) of NH-5 (new NH-16) (Design length =27.400 km) in the State of Andhra Pradesh under Bharatmala Pariyojana. As the said tender was an International Competitive Bidding, foreign companies/entities were permitted to bid and execute 100% project without there being any joint venture with an Indian partner. A Consortium was formed by the petitioner on 16.11.2018 and a formal Joint Venture Agreement was entered into between Varaha Infra Limited and M/s Jiangxi Construction Engineering (Group) Corporation Limited for the purpose of bidding and execution of the aforesaid project. The Indian company had 30% share while the Chinese partner had a 70% share.

(3.) The petitioner submitted its technical bid along with the financial bid with a Bank Guarantee towards the bid security on 19.11.2018, which was valid upto 22.07.2019. Although the bid validity was initially upto 18.03.2019, at the request of NHAI the bid validity was extended upto 19.07.2019. Admittedly, post 19.07.2019, there was neither any request from the petitioner nor from the respondents for extension of the bid validity. Admittedly, the petitioner's technical bid was accepted and found responsive on 28.12.2018. The financial bid was opened and the petitioner was declared L1 and accordingly, the Evaluation Committee recommended award of the project to the petitioner on 01.01.2019.