UNITED MACHINES LTD Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS application has been preferred by petitioner for direction on the respondent Nos. 1 to 3 to cancel the candidature of 4th respondent, M/s. Vijay Industries and Pojects Limited on the ground that the 4th respondent is not fulfilling the requisite condition being not a profit earning company at least from last three years.

(2.) THE case of petitioner is that the respondent -Jharkhand State Electricity Board (for short J.S.E.B.) issued notice inviting tender (for short NIT) No. 360/JSEB/ PR/2002 calling for tenders from reputed, experience and financially sound parties for Design Engineering, Manufacture & Supply for site basis, Unloading, Handling, Storage, Erection, Testing, Commission and Handling Fire Protection System as per Specification at Patratu Thermal Power Station. The petitioner and others including 4th respondent submitted the price bid whereinafter the respondents -J.S.E.B. have declared the 4th respondent qualified and ordered to issue work order in its favour.

(3.) COUNSEL for the petitioner submitted that 4th respondent having incurred a loss of Rs. 117.03 lacs in the year 2001 -02, cannot claim that it fulfils the criteria of a profit earning Company at least from last 3 years, but such submission cannot be accepted as from the last 3 years record, it is evident that the company has total profit of about Rs. 13.45 crores, as stated by J.S.E.B. and such in the tender evaluation and recommendation made by MECON Ltd., Ranchi, circulated vide letter dated 28th Mardh, 2003. It has been made clear that the 4th respondent earned profit of Rs. 133.32 lakhs in 1999 - 2000 and Rs. 126.97 lakhs in 2000 -2001 and incurred a loss of Rs. 117.03 lakhs in 2001 -2002 but net worth of Company is positive in 2001 - -2002, which is approximately 13.45 crores and deemed to be sufficient.