COOLDECK INDUSTRIES PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of respective parties.

(2.) By means of this petition, the petitioner questions the manner in which the respondents, more specifically, the respondent no.3 has ignored the bid of petitioner. According to the petitioner, the bid of respondent no. 4 does not fulfill the essential criterias ' mentioned in the tender details for "supply and installation of spares for NDCT of 250 MW Unit at Paras Thermal Power Station" (TPS).

(3.) The petitioner has come up with a case that the respondent no.3 has acted with pre-determined mind-set for allotting the tender to respondent no.4, and therefore, the bid of respondent no.4 has been accepted, despite absence of proper proof of qualifying requirements ("QR" for the sake of brevity). According to the petitioner, the respondent no.3 ought not to have opened the price bid of respondent no.4 as it had not fulfilled the conditions of tender in respect of Techno Commercial bid. Petitioner further claims that he was qualified bidder, however his documents have been ignored. The petitioner accordingly alleges that the act of respondent no. 3 in accepting bid of the respondent no. 4 is mala fide and arbitrary.