LAWS(BOM)-2024-7-87

EBIX CASH PVT LTD Vs. STATE OF MAHARASHTRA

Decided On July 22, 2024
Ebix Cash Pvt Ltd Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioner, a Private Limited Company, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, taking exception to the termination notice dtd. 13/6/2024 by which the Contract for E-ticketing system for the city buses plied in Aurangabad city allotted to the Petitioner Company is terminated.

(2.) It is submitted by learned Advocate for the Petitioner that the Petitioner was awarded the contract for the aforesaid purpose on 18/2/2020, pursuant to tender process of 2019. The Petitioner implemented the contract as per the tender document and 'Go Live Certificate' was issued by the Respondent No.2 - Aurangabad Smart City Development Corporation Limited (ASCDCL) on 1/11/2021. The Petitioner was implementing the contract successfully for over a period of four (4) years. ASCDCL issued a new tender on 5/2/2024 for procurement of Electronic Ticket Issuing Machines (ETIM). On 8/2/2024 the Petitioner Company objected for allotment of the scope of the work relating to ETIM, as the same was colliding with the scope of work covered by the Petitioner's contract.

(3.) It is further submitted that the scope of work in the tender process initiated in February, 2024 was overlapping the work which was being carried out by the Petitioner Company. The tender issued in February, 2024 was not a substitute tender for the Petitioner Company's contract. The Petitioner Company would be put to loss due to the said new tender process. The act of ASCDCL was mala fide and covered by the principles of 'doctrine of malice in law' as the act of ASCDCL was without any lawful excuse.