INFRASTRUCTURES PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by rejection of his technical bid in respect of the tender Notice No. Con/2014/Nov/09 by which tender documents in two packet system were called for construction of single line BG tunnel. The last date of submission of tender was fixed as 13/01/2014 and the date of opening was fixed as 16/01/2014. However, it is submitted that the last date of closing was extended upto 13/02/2015. Responding to the tender notice, the petitioner submitted its tender. As stated in the writ petition (para 5) tenders were opened on 13/02/2015 in presence of authorised representatives of the tenderers.

(2.) In para 6 of the writ petition, the petitioner has stated that while the petitioner was legitimately expecting that they would be called for opening of the financial bid, but they came to learn that the authority declined to accept the earnest money deposited by the petitioner along with its tender. Approach being made, the representative of the petitioner was informed that as the FDR submitted by the petitioner stipulated that the deposit is held at the disposal of the petitioner, the same was not acceptable in terms of clause 4 of the tender documents and accordingly the technical bid of the petitioner was found not acceptable.

(3.) In para 7 of the writ petition, the petitioner has stated that after such rejection of the technical bid of the petitioner, it approached the bank authority which clarified the matter vide Annexure-IV series letter dated 10/04/2015. The petitioner has also placed reliance on the Annexure-V communication of the particular bank dated 06/07/2015 informing the GM/Con/N.F. Railway about the particular FDR purportedly issued in favour of FA & CAO/Con/ NF Railway, Maligaon.