R.P.P. - INFRA PROJECTS LIMITED Vs. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) AND ORS.

JUDGEMENT

(1.) THE short facts of the case are as follows: -

(2.) THE petitioner further submits that under the bid document, liberty was given to the tenderer to have a JV Partner who would possess requisite eligibility and experience. Accordingly, the petitioner entered into a consortium agreement dated 12.09.2012 with one M/s. Ubitech Private Limited, Faridabad, Haryana 121001 and the said consortium was called as M/s. RPP -Unitech JV. The said RPP -Ubitech JV gave a power of attorney dated 12.09.2012 to the petitioner company to represent the consortium in the tenders. Accordingly, the petitioner submitted the bids on 29.09.2012, along with EMD in the form of Bank Guarantee dated 28.09.2012 for value of Rs. 2,35,00,000/ -. The said BG was to expire on 27.06.2013. The said BG was drawn from the 2nd respondent herein bearing No. 73/2012. This being so, the 1st respondent addressed a letter dated 12.11.2012 seeking for two particular documents, A. Documentary evidence for having executed turnkey contract during last seven years for a minimum of 25 Kms length of 11Kv/higher voltage UG cable network (BQR -3(b) and B. Guaranteed technical particulars consisting of "Maximum total loss at 50% and 100% load" for 11 Kv, 16,25,40,63 KVA and 22Kv, 16,25,40,63 KVA distribution Transformers. The said documentary proof was to be submitted by 31.10.2012.

(3.) ON knowing this, the petitioner engaged in talks with the 1st respondent and requested the 1st respondent by its letter dated 28.12.2012 for further time to provide clarification on the experience from Uttar Haryana Bijli Vitran Nigam Limited. Understanding this, the 1st respondent also issued a letter dated 29.12.2012 to the 2nd respondent asking the bank to keep the invocation of BG in abeyance and this petitioner approached M/s. Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL) to provide the clarification as requested by the 1st respondent. M/s. Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL) issued another confirmation letter this time issued by General Manager of UHBVNL, ascertaining the experience as submitted by the petitioner in its bid. The said confirmation letter cum certificate of experience dated 31.12.2012 was obtained and the same was immediately handed over to the 1st respondent in person on the same day itself.