ESCORTS LTD Vs. INTERNATIONAL TRACTORS LTD

JUDGEMENT

(1.) These two appeals have been filed against the same judgment of the learned Single Judge by which the writ petition filed by the respondent/petitioner (hereinafter referred to as "the writ petitioner") was allowed.

(2.) The dispute centers round purchase of 460 numbers of pneumatic wheeled agricultural tractors of not less than 25 BHP with accessories and equipments. Factual background:

(3.) The tractors intended to be purchased through national competitive bidding is meant for development of mechanisation in the agricultural sector in the State of Assam for which purpose the Government of Assam has made a fund provision on the budget plan for the financial year 2005-06. The costs of such tractors, which are to be provided to small and marginal farmers, are to be borne in the ratio of 50: 50 by the State and the small and marginal farmers. The process for the purchase of the tractors has been initiated by means of Invitation for Bids (IFB) dated 4.7.2005 issued by the Chief Engineer, Agriculture, Office of the Director of Agriculture, Assam on behalf of the Director of Agriculture, Assam who is purchaser. The bidding documents which contains terms and conditions including technical specifications are very comprehensive in nature. Section VI of the bid documents deals with the technical specifications of tractors and accessories. Section VI(a) deals with the qualification requirement to be read alongwith Clause 13.3(b) of IFB.