VXL INDIA LIMITED Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioners claim to be one of the largest electricity meter manufacturing company supplying electricity meters to various Electricity Board in the country, including the Maharashtra State Electricity Board, respondent No. 1 herein. Sometime in the month of May 1990, the respondent No. 1 floated a tender for purchase of large quantity of single phase and poly phase electricity meters as per details and specification set out in the tender notice and the documents forming part thereof. On 10th May, 1990, the petitioners submitted their offer to supply single phase as well as poly phase electricity meters as specified in the covering letter and the enclosures thereto. Respondents Nos. 3 to 8 also submitted their respective tenders to the respondent No. 1. The respondent No. 1 is undoubtedly the "the State" within the meaning of Article 12 of the Constitution of India. On 11th, October 1990, the respondent No. 1 passed its Board resolution rejecting the petitioners" tender, being Resolution No. 628, in the following terms:---

(2.) BY this petition filed under Article 226 of the Constitution of India, the petitioners have impugned the decision of the respondent No. 1 as arbitrary and discriminatory in so far as the tender of the petitioners was rejected by the Board. By this petition, the petitioners have also challenged the award of the contracts by respondent No. 1 to respondents Nos. 3 to 8. At the hearing of the petition it was contended on behalf of the petitioners that the respondent No. 1 had relaxed several tender conditions in case of respondents Nos. 3 to 8 and permitted deviations in respect thereof while insisting on strict compliance of tender conditions by the petitioners and had thus indulged in discrimination and violation of guarantee of equality enshrined under Article 14 of Constitution of India. At the hearing, the learned Counsel for the petitioners restricted his challenge to the award of contract to respondents Nos. 3 to 8 in respect of supply of single phase electricity meters only.

(3.) ON 25th October, 1990, the respondent No. 1 sent six telegrams to respondents Nos. 3 to 8 communicating acceptance of their offers for supply of single phase meters to the extent set out therein and the said telegrams were followed by usual confirmatory letters. Particulars of the orders placed by respondent No. 1 with respondents Nos. 3 to 8 are as under:--- <FRM>JUDGEMENT_184_BCR3_1991Html1.htm</FRM> The petitioners have impugned the above referred orders of respondent No. 1 accepting tenders of respondents Nos. 3 to 8. The petitioners have not advanced any specific submission in respect of order placed by the Board with respondent No. 8.