JLD CONSTRUCTION PRIVATE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-Court appeal is filed by the appellant being aggrieved with the judgment dtd. 7/9/2023 passed by the learned Single Judge in WP(C) 118/2023 whereby the writ petition filed by the appellant has been dismissed and the interim order passed by this Court in the said writ petition has been vacated.

(2.) The facts, which are not in dispute, are that the respondent NHPCL issued Notice Inviting e-Tender on 5/8/2022 and invited bids for the work of River Bank Protection/Erosion Control Measures on the Left Bank of River Subansiri adjacent to village Geriki 2 (RD 29 km. ' 30 km.) and the last date of submission of bid was 30/8/2022. In response to the NIT dtd. 5/8/2022, as many as ten bidders had submitted their bids which include the appellant as well as the respondent No.6 herein. It appears that the respondent NHPCL vide e-mail dtd. 13/10/2022 had asked as many as six bidders, including the appellant as well as the respondent No.6 herein, out of the ten bidders to furnish certain documents and in response to that, the appellant and the respondent No.6 had furnished certain documents. Thereafter, the Tender Evaluation Committee ('TEC' for short) in its meeting dtd. 29/11/2022 found the bids submitted by the appellant and one M/s SIPL Infracon as responsive while declaring the bids of other eight bidders, including the bid of the respondent No.6 herein as non-responsive. Later on, the TEC in its subsequent meeting dtd. 10/12/2022 declared the bids submitted by the appellant and the respondent No.6 as responsive while treating the bids of other bidders as non-responsive.

(3.) Being aggrieved with the said action of the respondent NHPCL, the appellant had filed the writ petition, being, WP(C) 118/2023 with the prayer to cancel/revoke/rescind/set aside the impugned TEC report dtd. 10/12/2022 and to set aside the Work Order dtd. 28/12/2022 issued by the NHPCL in favour of the respondent No.6 herein and sought a declaration that the bid of the appellant was the only responsive bid with a further prayer to the respondent NHPCL authorities to allot the work to the appellant in respect of the NIT in question.