GOVIND YADAV Vs. C.C.L.

JUDGEMENT

(1.) All the aforesaid three cases were heard together and are being disposed of by this common order as the issue involved in these three cases is the same. Facts giving rise to these three cases are being given herein under:

(2.) Similarly, the Bharat Coking Coal Limited vide its Reference No. BCCL/GM (CMC)/FHEMMOS/ 2013/1129, dated 14.08.2013, issued a Tender Notice No. 136n inviting applications from the eligible bidders for the works of hiring of HEMM for removal of over burden and extraction and transportation of coal from Bhowra(s) Colliery. Since, according to the case of the petitioner, the price value was quite high, a Joint Venture firm was formed in the name and style as ATDEV PL (JV) (Petitioner) by executing a deed of Joint Venture Agreement on 20.09.2013. It consists of two firms namely M/s AVINASH TRANSPORT and M/s DEV MULTICOM PVT LTD. The petitioner as well as three other firms namely SUPLBLA( JV), MALA KUMAR (JV) and R.K. TRANSPORT, submitted bid papers. Initially when the technical bid was opened on 25.09.2013, SUPLBLA (JV), MALA KUMAR (JV), were found to be nonresponsive, whereas the petitioner and R.K.TRANSPORT, were found to be responsive. However, subsequently, when some relaxations were made the aforesaid two firms were also found to have been qualified. On 24.12.2013, the price bid was opened of the others but not of the petitioner and then on 31.12.2013, SUPLBLA (JV) was found to be L1.

(3.) Likewise, the Bharat Coking Coal Limited vide its Reference No. BCCL/GM(CMC)/FHEMMOS/ 2013/1093, dated 31.07.2013, issued a Tender Notice inviting applications from the eligible bidders for the works of hiring of HEMM for removal of over burden, extraction and transportation of coal from Dhansar Colliery. Since, as per the case of the petitioner, the estimated value of the work was quite high, a Joint Venture was formed in the name and style of ATDEV PL (JV) (Petitioner) on 31.08.2013, by executing a deed of Joint Venture Agreement consisting of two firms namely M/s AVINASH TRANSPORT and M/s DEV MULTICOM PVT LTD. Apart from the petitioner, four other bidders namely M/s SAAKARMASS (JV), M/S MALA KUMAR ENGINEERS PVT. LTD., M/S KEM & BKK JV DIEM FIRM and M/S DHANSAR ENGINEERING CO. PVT. LTD submitted bid papers. On 07.09.2013, technical bid was opened. On 28.11.2013, it was intimated to all that the price bid would be opened on 02.12.2013. On that day perhaps it was not opened, rather it was opened on 23.12.2013 of other but not of the petitioner and, thereby, M/s Dhansar Engineering Company Pvt. Ltd was found to be L1.