CONTINENTALPUMPANDMOTORSLTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner-Company, M/s Continental Pump and Motors Ltd., Gaziabad (U.P.) had filed the instant writ application for issuance of a writ of mandamus or any other appropriate writ or direction commanding respondent nos. 1 to 3, the State of Bihar and its authorities, to award to it the contract for supply of submersible pump sets along with accessories and spare parts pursuant to the tender submitted by the petitioner-Company in response to a tender notice. The petitioner claims that the rates offered by it were the lowest so far as schedule-2 items were concerned, and the second lowest so far as schedule-1 items were concerned Yet the contract was awarded to respondent no. 4, M/s K S B. Pumps Ltd. for supply of schedule-1 items, and to respondent no 5, M/s International Pumps and Project (India) Ltd for supply of schedule-2 items. It is contended that the petitioner-Company fulfilled all the terms and conditions of the tender notice, and hence the respondents-authorities have acted arbitrarily and malafide in awarding the contracts to respondent nos. 4 and S.

(2.) All the respondents have appeared at the stage of admission itself and filed counter-affidavit, etc Having regard to the urgency of the matter, we have heard the parties at length, and we now proceed to dispose of the writ petition by this order.

(3.) The Minor Irrigation Department, Tubewell Wing of the Government of Bihar issued tender notice for an international competitive bid for the supply of submersible pump sets, and other ancillary items, as contained in Schedules 1 and 2 of the tender document In response to the notice inviting tenders,tenders were submitted on behalf of five parties including the petitioner. Foreign bidders were also entitled to participate in the bid directly or through their agents in India, subject to fulfilling the eligibility criteria incorporated in the tender document. It is not necessary to refer to the various terms and conditions incorporated in the tender document which had to be fulfilled by the intending bidders. It is necessary only to refer to those conditions which the petitioner failed to fulfil resulting in the rejection of its tender. Clause 29.3 of the tender document provides as follows :