SIDWAL REFRIGERATION INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The first petitioner is a company registered under the Companies Act, 1956 (hereafter the company). The second petitioner is the managing director of the company.

(2.) It is claimed in the petition that the company, more than three decades old and ISO-9001-2008 certified, is the largest manufacturer of air-conditioning units for railway coaches in India. It claims credit for supplying more than 6000 air-conditioners for leading trains, like Rajdhani Express and the Shatabdi Express apart from five Palace on Wheel trains for different States in India. It is further claimed that the company has been selected by the Delhi Metro Rail Corporation (hereafter the DMRC) for manufacturing air-conditioners for the coaches (EMUs) in Phases - I and II of the Delhi Metro Project. As on date, it has delivered 574 units including 42 air-conditioned driver cabins to the DMRC and is continuing to supply units regularly.

(3.) Construction of East-West Metro Corridor Project from Howrah Maidan to Salt Lake, Sector V, Kolkata for the present with scope for future extension from Dasnagar to other neighbouring areas of Howrah was approved by a study cabinet in its meeting held on 14.6.2007 pursuant whereto the Kolkata Metro Railway Project (hereafter the project) was conceived with target date of completion being October, 2014. The project cost would be borne by the Japan International Corporation Agency (hereafter JICA), the Central Government and the State Government of West Bengal in the ratio of 45:25:30 respectively. Kolkata Metro Railway Corporation Ltd. (hereafter KMRCL), being a joint venture company of the Government of India and the Government of West Bengal, formed for implementation of the East-West Metro Corridor Project at Kolkata, had issued Pre-qualification Tender Notification (Revised) dated 25.3.2009 (hereafter the notification) with a view to shortlist "Passenger Rolling Stock Design & Manufacturing Companies" through a pre-qualification process for the design, manufacture, supply, testing and commissioning of electric multiple units and training of personnel. The notification provided that KMRCL would appoint General Consultant for assisting it in evaluating the tenders. Indian as well as international companies, either by themselves or as a joint venture/consortium were invited to complete the pre-qualification enquiry documents in pro-forma format. The applicants were required to have a good financial standing and performance record, requisite experience and capacity in the fields for which the notification was issued.