M/S. V.N.REDDY, THROUGH ITS PROPRIETOR SHRI V. NARSIMHA REDDY S/O OBULA REDDY Vs. SUPERINTENDING ENGINEER, VIDARBHA IRRIGATION DEVELOPMENT CORPORATION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The challenge raised in this writ petition is to the issuance of work order dtd. 7/5/2021 by the Executive Engineer, Lower Wardha Project, Division Wardha- second respondent in favour of the third respondent.

(3.) The facts relevant for considering the challenge to the issuance of the work order are that the second respondent on 18/1/2021 issued a tender notice calling upon interested bidders to submit their bid documents with regard to three works. The work at serial no.1 which is "construction of land development works (Part-I) of Gadegaon main minor offtaking @ R.D. 4995 M on Nandgaon Dy" is the subject matter of the writ petition. Pursuant to the tender notice three bidders submitted their bids. The technical bids were opened on 8/2/2021 and the bids submitted by the petitioner and the third respondent were found to be eligible. On opening of the financial bid on 12/3/2021 it was found that the financial bid of the third respondent was lowest and therefore as required by Clause 2.22.0 the third respondent was required to furnish additional performance security within a period of two working days. According to the petitioner, the third respondent furnished such additional performance security on the third working day and hence the third respondent ought to be debarred from the tender process for failure to submit the additional performance security within the prescribed time. Ancillary grounds also raised pertain to certain shortcomings in the documents submitted by the third respondent. In the aforesaid factual backdrop, the petitioner has challenged the issuance of work order to the third respondent as having been issued disregarding the mandatory tender conditions.