PRECISION INFRATECH LTD Vs. A P GENCO LTD

JUDGEMENT

(1.) In this writ petition, the petitioner questioned the action of respondent Nos.1 to 3 in qualifying respondent No.4 for award of contract notified under tender notice No.CEC/Hydel/HD-IV/NSTPD/F.HMW/D.No.66/2008, dated 16.6.2008. The petitioner sought for a consequential direction to the said respondents to disqualify respondent No.4 from participating in the tender process and to declare that the petitioner's bid is the lowest among the responsive bids and award contract in its favour.

(2.) The facts necessary for the disposal of the case are stated hereunder: The petitioner is a registered special class contractor, specialized in execution of projects relating to Irrigation and Hydro Electric Power Generation. Respondent No.2 issued tender notice dated 16.6.2008 calling for sealed tenders from the registered special class contractors or consortium of firms for Nagarjuna Sagar Tail Pond Dam (NSTPD) Hydro Mechanical works for dam and power house at 21.065 km down stream of Nagarjunasagar dam across river Krishna near Satrasala Village of Guntur District. The approximate value of the work is Rs.132 crores. As per the prescribed procedure, the tender is in two parts, namely; (i) Part-I - Pre-qualification and Technical Bid and (ii) Part-II - Unconditional Price Bid.

(3.) As per the schedule fixed in the tender notification, the tenders were to be opened on 11.8.2008 at 3.00 p.m. This date was, however, changed as 4.10.2008 and intimated to all the tenderers. The tender conditions prescribed that the price bids of qualified tenderers in technical bids alone will be opened on the day next to which the pre-qualification bids will be opened.