ABB LTD Vs. WEST BENGAL STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioners herein have challenged the decision of the respondent authorities regarding, rejection of the tender bid of the petitioner No. 1 for alleged discrepancy in the bank guarantee on various grounds mentioned in the writ petition.

(2.) It has been submitted on behalf of the petitioners that the respondent authorities have kept the petitioner No. 1 out of participation in the tender on the ground that the bank guarantee is not in terms of the proforma as prescribed by the West Bengal State Electricity Board.

(3.) Mr. Anindya Mitra, learned Senior Counsel appearing on behalf of the petitioners submits that the bank guarantee has been filed on behalf of the petitioner No. 1 in prescribed form and the alleged defect as pointed out by the respondents in respect of the bank guarantee is nothing but an error of judgment on the part of the respondent West Bengal State Electricity Board Authorities. It has been specifically stated on behalf of the petitioners that the petitioner No. 1 is duly qualified in all respects for participating in the tender and the tender papers have been duly submitted on behalf of the said petitioner No. 1 in four covers as per prescribed procedure.