AMEYA DEVELOPERS PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Claiming illegal and arbitrary exercise of power by the respondents towards awarding the contract in question in favour of the respondent No. 4 to the deprivation of the petitioner, this writ petition has been filed making a grievance against the same. Shortly stated, the facts leading to the filing of the writ petition are as follows:

(2.) The petitioner which is a private company limited by shares and incorporated under the provisions of the Companies Act, 1956 and whose registered office is situated in the State of Maharashtra, submitted its bids in response to the tender notification dated 30.5.2005 issued by the respondent No. 3 inviting bids for the Standard Bidding Document for "Construction of Fly Over at Six Mile Junction of GS Road and Rupkonwar Jyoti Prasad Agarwalla Road, under City Roads Division II", at the estimated cost of Rs. 3914.43 lakhs. The respondent No. 4, a construction company registered under the provisions of the Companies Act, 1956, is the other tenderer to respond to the tender notice by submitting its bids. Be it stated here that as per the instruction to bidders, bids were to be submitted in two packets containing technical bid and price bid on or before 18.6.2005. Both the parties submitted their tenders.

(3.) Upon evaluation of the technical bids submitted by both the parties, they were asked to attend the office of the respondent No. 3 i.e. the Chief Engineer, PWD (Roads) on 27.6.2005 during the opening of the envelopes containing the price bids of the tenderers. Upon opening of the envelops contaning the price bids, it was found that between the two parties, the petitioner's bid was the lowest (L-1) with the price bid of Rs. 39,14,43,000/-. The price bid offered by the respondent No. 4 was Rs. 50,00,00,000/- and thus naturally was the second lowest (L- 2).