NARSHIMA CONSTRUCTIONS PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent of parties heard finally.

(2.) The petitioner, a private limited company under the Indian Companies Act, 1956, participated in the tender process, pursuant to the Tender Notice/National Competitive Bid dated 26.8.2008 for carrying out the work for widening two-lanes Kalyan-Nanded-Nirmal Road NH-222 KM 376/00 to 395/00 (hereinafter to be referred to as the work under the tender). The estimated cost put under the tender is Rs.9,39,87,460/-. The petitioner submitted his tender bid with the concerned authorities.

(3.) The petitioner mainly raises its challenge on the ground that (i) carrying out the work under the tender by joint venture is prohibited by the respondents as per clause 4.4. Part-I of National Competitive Bidding (for short, NCB); (ii) Sub-Clause (A)(b) of clause 4.5 of the NCB as regards satisfactory completion of earlier work to the extent of 90% of the contract value was unreasonable; and (iii) The respondents authorities claimed certain amenities for the Department under the caption 'Errata'. We may here itself find it convenient to quote Clauses 4.4; 4.5 (A)(b) and relevant clauses shown under the caption "Errata", set out in the National Competitive Bidding, which read as under: