INCODA Vs. GENERAL MANAGER

JUDGEMENT

(1.) The Court The writ petitioner has made out a prima facie case of palpable illegality in the respondents having floated a new tender dated October 26, 2019, despite the petitioner having been accepted as a successful bidder in a previous tender regarding the same subject matter and a concluded agreement having been entered into between the respondents and the petitioner. It is pointed out by learned Senior Advocate appearing for the petitioner that previously an agreement was entered into, pursuant to a tender notice, between the petitioner and the metro railways wherein it was agreed that initially the petitioner would be in charge of installation, maintenance and display of advertisement through vinyl wrapping at train exteriors (including windows but excluding doors) and affixing of vinyl stickers inside 9 AC rakes. In another clause, being clause no.6.3.10 (the same number having appeared in the tender notice as well as agreement between the parties) it was provided that in case of piecemeal induction of new AC rakes in the existing fleet of AC rakes during tenure of the contract for 9 AC rakes maximum upto 3 years from the date of issue of LOA, the same shall be offered to the licensee on pro-rata basis including all levies. As such it is argued that the respondents squarely violated such agreement for floating the new tenders. In view of the nature of the work contemplated by the tender and the agreement being for public benefit, the present writ petition is being entertained since the matter does not pertain to merely contractual rights.

(2.) Learned Counsel appearing for the respondents seeks to impress upon the Court that the metro railway, pursuant to clause 6.3.10 of the tender notice, reserves the right to accept, reject or cancel any or all tenders without giving any reason. It is, however, further submitted that the decision of the metro railway administration shall be final.

(3.) However, such clause is now merely academic at the present juncture, in view of the petitioner having already been accepted as successful bidder in the previous tender and a contract having been already entered into in that respect.