JAY CORPORATION Vs. AMRELI NAGAR PALIKA

JUDGEMENT

(1.) By this petition under article 226 of the Constitution of India, the petitioner seeks a direction to the first respondent - Amreli Nagar Palika (hereinafter referred to as "the respondent municipality") to open all the bids which are qualified, including the bid of the petitioner, and after scrutiny of all the bids, to award the work order of work in question to the L-1 bidder.

(2.) The petitioner is a registered partnership firm having registration of 'AA' Class and is, therefore, qualified for participating in tenders of any value. The respondent - municipality invited e-tenders for the work of construction of Cement Concrete Road with Tri-Mix at various areas in Amreli District with tender I.D.-376838 under the Mukhya Mantri Shaheri Sadak Yojana, 2018-19. The tenders were to be submitted online on or before 24.09.2019, and were to be opened on 27.09.2019.

(3.) The estimated cost of the tender was Rs.6,46,84,552/- with tender fee of Rs.12,000/- which was not refundable. Earnest money deposit of Rs.6,46,900/- was to be paid by the bidder along with the tender. Since the petitioner company was interested as well as eligible, it filled in the tender form and submitted the same along with tender fee of Rs.12,000/- and earnest money deposit of Rs.6,46,900/-. It is the case of the petitioner that bid was submitted within time. The preliminary bids and technical bids were to be opened on 30.09.2019. It is the case of the petitioner that it had offered a bid around 11% below the estimated cost of tender put by the respondent.