AF ENTERPRISES LTD Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner-AF Enterprises Ltd., a limited company incorporated in the year 1983 under the Companies Act, 1956, questions the propriety of decision rejecting its bid in the "Meeting Proceeding of Scrutinisation/Finalisation of Technical Bid for Supply of Plastic Crates" held on 29/12/2022, whereby it was found disqualified having not fulfilled the condition stipulated in Clause 2 of the Terms and Conditions appended to the Tender Call Notice No.3018, dtd. 20/6/2022 for "Supply of Plastic Crates for Fruits and Vegetables" bearing Bid Identification No. M.D./OAIC-5 (A&I)/2022-23 and accordingly, makes the following prayer(s):

(2.) Fact as outlined in the writ petition by the petitioner-AF Enterprises Ltd. ("AF", referred to for short) transpires that Tender Call Notice (TCN, for brevity) was floated on 20/6/2022 inviting bids from the eligible and approved manufacturers for supply of plastic crates for fruits and vegetables between 21/6/2022 to 11/7/2022. On 12/7/2022 the Technical Committee was to open the technical bid. Considering the grievance of M/s. L.M. Plastics, this Court vide Order dtd. 15/7/2022 in W.P.(C) No.17557 of 2022 directed the Committee for disposal of representation, consequent upon which its bid was considered by the Director, Horticulture. The petitioner, being aggrieved, challenged such action before this Court in W.P.(C) No.22291 of 2022, which came to be disposed of vide Judgment dtd. 12/12/2022, reported at 2023 (I) ILR-CUT 124, with the observation that M/s. L.M. Plastics, Balasore failed to fulfill the Condition No.2(h) of the Terms and Conditions and thereby it was directed for finalization of bid amongst the bidders excluding the bid of M/s. L.M. Plastics. It is stated by the petitioner that on 26/12/2022 along with the petitioner-company, others namely M/s. Supreme Industries Ltd.-opposite party No.4, M/s. Uma Plastics Ltd.-opposite party No.5, M/s.Nilkamal Ltd.-opposite party No.6 and NACOF India Ltd. were intimated vide Letter No.6757(5), dtd. 26/12/2022 for scrutiny of technical bid as also opening of the financial bid on 29/12/2022.

(3.) Opposing the averments in the writ petition, the Odisha Agro Industries Corporation Ltd.-opposite party No.2 submitted by filing Counter-affidavit that the Tender Evaluation Committee scrutinized the bid documents of the bidders in presence of representatives of three different bidders. Despite e-mail communication on their respective addresses and web hosting on the web page of the opposite party No.2, two of the bidders including the present petitioner chose not to be present at the time of evaluation of technical bids. The result of the scrutiny was declared on the spot by the Tender Evaluation Committee in the presence of bidders/representatives. Though the petitioner was very much aware of the schedule of scrutiny of technical bid documents via e-tender, none was present on behalf of the petitioner during the scrutiny of technical bid opened on 29/12/2022 at 11.00 A.M.