EMS INFRACON PVT LTD NEW DELHI THRU DIRECTOR & ANOTHER Vs. STATE OF U P THRU PRIN SECY URBAN DEVELOPMENT DEPTT & ORS

JUDGEMENT

(1.) Heard Dr. L.P. Misra, learned counsel along with Sri Shailendra Singh Rajawat, learned counsel for the petitioners, Sri Dharmendra Kumar Bhatt, learned Brief Holder for the State-respondents, Sri I.P. Singh, learned counsel representing opposite parties No.2 to 6, Sri Arvind Verma, learned Senior Advocate, assisted by Sri Aarohi Bhalla and Sri Sunil Kumar Singh, learned counsel representing opposite party No.8.

(2.) The present writ petition has been preferred by the petitioners praying for the following reliefs:-

(3.) The case setforth by the petitioners is that the petitioner no.1 is M/s EMS Infracon Pvt. Ltd., a company incorporated under the Companies Act VII of 1913, having its registered office at 701, DLF Tower-A, Jasola, New Delhi and its main objects are to construct buildings, sewers, drains etc. The petitioner No.2 is M/s Gannon Dunkerley and Company Limited, a company incorporated under the Companies Act, 1956 and having its office at B-228, Okhla Industrial Area, Phase-I, New Delhi. The opposite parties No.2 to 6, vide notification dated 16.12.2016, floated a tender namely "Survey, review the designs, redesign where necessary and build new sewerage network of about 102 Kilometers length and rehabilitation of existing small sized sewer and trunk sewer network of 300 kilometers in length including survey, design and construction of 4 number of Sewage Pumping Stations and 2 number of Lift Stations and all appurtenant structures, and Operation and Maintenance of rehabilitated and new sewerage network and sewage pumping stations for a period of 10 years in sewerage district-I of Kanpur, State of Uttar Pradesh, India". Subsequently the addendum, corrigendum and pre bid reply of the queries raised during pre bid meeting were published on 20.1.2017. It is contended that a total of three bidders including the petitioners submitted their techno-commercial bids, namely the petitioners-M/S EMS-GDCL-JV, M/s SEPC-SCCL-NDTT-KEPL JV and opposite party No.8-M/s Shrishti Infrastructure Development Corporation in Joint Venture with M/s Sam Lain Equipment Services Pte Ltd. and M/s Yogi Construction Company. It is contended by the petitioners that prior to the opening of the bids of any bidders, the petitioners, vide their letter dated 25.2.2017 (Annexure-5 to the writ petition) in addition to their financial bid, offered a further discount of Rs.30,00,00,00/- (Rupees Thirty crores only) over and above the financial bid amount offered by the petitioners to the opposite parties.