AVEXA RAILONE JV Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in disqualifying the bid placed by the petitioner in Tender No.52-CAO-C-SC-2020 as illegal and arbitrary and violative of Indian Railway Standard General Conditions of Contract (IRSGCC) July 2020 and consequently set aside the disqualification of the petitioner.

(2.) Heard Sri Kailash Nath P.S.S., learned counsel for the petitioner and Sri C.V.Rajeeva Reddy, learned Standing Counsel for the respondents.

(3.) It has been contended by the petitioner that it is a Joint Venture (JV) between M/s.Railone Projects Pvt. Ltd and M/s. Avexa Corporation Pvt. Ltd., and both the companies have entered into a Memorandum Of Understanding (MOU) on 25-07-2020 to apply jointly in pursuance to the tender notification issued by the respondents. Both the companies are in the construction of projects and the respondents have issued a tender notification on 01-07-2020 for the proposed Third Line between Balharshah - Kazipet Station in Secunderabad Division for the proposed construction of RUR box (cast in situ). The last date for submission of filled in tenders was 28-07-2020. The petitioner participated in pursuance to the said tender as a joint venture and submitted its technical bids. The respondents had rejected the technical bid on the ground that the authorized signatory has not submitted the tender forms. The petitioner had further contended that as per General Instructions in the tender documents, it is abundantly made clear that the General Conditions of Contract governing the performance of the works are covered by the Indian Railways Standard General Conditions of Contract (herein after referred to as "IRSGCC" for short). The relevant clause which reads as follows: