NIRAJ PRATIBHA J V Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Feeling aggrieved by the non consideration of its financial bid the petitioner a Joint Venture Company of Niraj Cement Structural Ltd. and Pratibha Industries Ltd. has filed this petition under article 226 of the Constitution of India seeking direction to the respondent to treat the petitioner qualified in technical bid and to direct the respondent to open its financial bid.

(2.) On 15.2.2008, the respondent, an authority constituted under Nagar Tatha Gram Nivesh Adhiniyam, 1973, published a notice inviting tender for construction of Western Ring Road (R.W.2) of 75m. Wide in scheme no. 151 from MR-10 Ujjain Road junction to Airport- Pithampur Road junction as per Bus Rapid Transit System (for short 'B.R.T.S.') under Jawaharlal Nehru National Urban Renewal Mission (Phase-1). Thereafter the respondent amended the tender amount, amount of earnest money; the date of submission of bid; dates of opening of technical and financial bids. Accordingly, as per amendments, the bid was required to be submitted up to 01.3.2008. Opening of technical bid was on or before 14.3.2008 and opening of financial bid was fixed on 20.3.2008 at 4.00 pm.

(3.) The case of the petitioner is that it has submitted its bid on 14.3.2008 with all the necessary documents fulfilling the eligibility criteria required for opening the technical bid. On 19.3.2008 vide annexure P-8.the respondent informed to the petitioner the extension of date of opening of the financial bid from 20.3.2008 to 28.3.2008. Having received this intimation dated 19.3.2008 (Annexure P-8), the petitioner sent its representative to attend the opening of the financial bid on 28.3.2008. However the petitioner's financial bid was not opened and its representative was informed by the respondent that since the petitioner did not qualify the eligibility criteria in the technical bid, it has been held disqualified for opening of the financial bid. Being aggrieved by the said act of respondent, petitioner has filed this petition.