HINDUSTAN CONSTRUCTION COMPANY LTD Vs. NARMADA WATER RESOURCES & WATER SUPPLY AND KALPSAR DEPARTMENT

JUDGEMENT

(1.) 1. The petitioner no.1 is a reputed construction Company and has challenged the Tender Notice dated 05.12.2013, specifically Condition No. (f) of paragraph 2.4 and similar other conditions, as mentioned in other paragraph of the Tender Notice.

(2.) THE facts of the case are that on 05.12.2013 8 Tender Notices, being Tender Notice No. EPCRL 1/1 201314, Tender Notice No. EPCRL1/2 201314. Tender Notice No. EPC4/ 201314, Tender Notice No. EPC4/ 201314, Tender Notice No. EPC4/ 201314, Tender Notice No. REPCL3/1 201314, Tender Notice No. REPCL3/2 201314, Tender Notice No. REPCL3/3 201314 were issued by the respondent for its SAUNI Yojana. Again on 06.12.2013 8 Tender Documents Vol.I ­ Pre Qualification Bid of the 8 Tender Notices for the aforesaid project, containing Clauses 2.4 (f) 5.2.13 and 6.4.1.2 (iii), which state that bidders who have applied for Corporate Debt Restructuring (CDR) in the last 2 financial years shall not be considered for bid qualification, downloaded by the petitioner Company. Thereafter on 26.12.2013 bid document downloading end date for above mentioned 8 Tender Notices was issued by the Respondent for its SAUNI Yojana. Being aggrieved by the insertion of the said above clause, the petitioners have preferred the present petitions.

(3.) THE argument of Mr. Joshi, learned Senior Counsel appearing for the petitioners is that condition of Corporate Debt Restructuring (in short 'CDR') company debarring company which has CDR are arbitrary as have been kept out of the tendering process, even if they have applied or even granted the scheme for CDR in the last two financial years, i.e. 201112 and 201213. According to the learned Senior Counsel for the petitioners apart from CDR companies, companies which have availed the benefit of CDR in the last two financial years, companies being sick companies and companies under BIFR etc., have been permitted to participate in the Tender process, and therefore, this condition has been incorporated in the Tender Notice just to oust the petitioners from bidding in the Tender process and is unfair and arbitrary and violates Article 19 of the Constitution of India.