UNIVERSAL CABLES LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Upon being declared L-2 in the tender process, Petitioners seek disqualification of rival bidder declared L-1 (Respondent No. 8). Petitioners challenge the decision of City and Industrial Development Corporation ('CIDCO') declaring respondent no.8 as technically qualified to participate in the tender process and seek rejection its bid for not meeting mandatory eligibility criteria and technical qualifying requirement under the tender.

(2.) CIDCO proposed to free up some space occupied by overhead power corridor of Maharashtra State Electricity Transmission Company Ltd. (MSETCL) in Kharghar Node of Navi Mumbai with twin purposes of prevention of unauthorised occupation and utilisation of that space for public purposes and for sale of plots. CIDCO therefore decided to undertake the work of conversion of overhead power cables of MSETCL to underground cable system under supervision of MSETCL.

(3.) Petitioners noticed certain deficiencies in the bid documents submitted by BNC and therefore addressed letter dtd. 14/12/2021 to CIDCO pointing out such deficiencies. Tender Committee met on 2/12/2021 and recorded its minutes and held BNC eligible. Upon opening the financial bids, the financial bid of BNC was the lowest and it was shortlisted in L-1 category, whereas petitioners were shortlisted as bidder under L-2 category. Petitioners have filed the present petition challenging the decision of CIDCO in holding BNC as eligible, despite the alleged deficiencies pointed out by them in BNC's bid. It is the case of the petitioners that in case BNC is disqualified, petitioners being L-2, would be awarded the contract.