JAGDHATRI COKE MANUFACTURERS GOVINDPUR Vs. HINDUSTAN ZINC LTD

JUDGEMENT

(1.) The petitioner is the owner of Hard Coke Plant and is carrying on business of manufacturing and sale of Beehive/ Metallurgical Coke. Respondent No. 1 Hindustan -inc Ltd. is a Govt. of India enterprise. The practice of respondent No. 1 is to invite open tender for getting supply of Metallurgical Coke for its Tundoo and Vizag Smelters situated in Dhanbad (Bihar) and Visakhapatnam (Andhra Pradesh). In pursuance of the aforesaid practice, respondent No. 1 invited tender being tender No. H-L/ HO/ CONT/4(33) dated 16-7-1996 for supply of 5000 M.T. Metallurgical Coke of the specified specification for Tundoo and Vizag Smelters. The petitioner submitted his tender and deposited the amount of Rs. one lac. As per instruction No. 8 of the said tender, three parties did not submit C.F.R.I. reports along with the tender, though it was essential for checking the quality of the coke. Only one party furnished C.F.R.I. report and the quality of coke offered by that party was not found to be as per standard referred to in the tender. Moreover, some of the parties who had purchased tender documents had informed that they could not submit their offer as the time for getting C.F.R.I. report was not adequate. Considering the aforesaid facts, it was decided by the respondents to invite fresh tender being tender No. H-/HO/CONT/4 (34), dated 3-9-1996. Respondent No. 2 Chief Manager (Contracts), Hindustan -inc Ltd., Udaipur sent to the petitioner a set of fresh tender papers free of cost fixing the last date 18-10-1996 for submission of tender. The last date for submission of tender, was later on extended from 18-10-1996 to 14-11-1996 and intimation to that effect was sent to the parties. The notice inviting tender prescribed quality of coke to be supplied :- Quantity : 2000 MT for Tundoo Smelter and 3000 MT for Visakhapatnam Smelter on phased delivery basis. Specification of Metallurgical Coke :

(2.) The Committee considered the tenders of seven parties whose tenders were received against the tender notice. The Committee found in regard to the petitioner; M/s. Basuda Udyog, respondent No. 7 and M/s. Friends Coal Enterprises, respondent No. 8 as under :

(3.) The petitioner has challenged the action of respondent No. 2 in inviting respondents Nos. 7 and 8 for price negotiation and in consequence thereof, placement of the order for supply of Metallurgical Coke at Tundoo and Vizag Smelters Plants of respondent No. 1 on the ground that the petitioner and these respondents are not being equally treated. The petitioner's tender was rejected on the ground that it would not be able to supply the quality of coke required whereas the tenders of respondents Nos. 7 and 8 were accepted although they suffered with same disqualification of quality.