2021 (3) TMI 843

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....d to Revised 3rd Call in relation to State Level Centralized Call Centre/ Dial-100 Project Phase -II (2020-2025) "On Turn-Key Basis" and to direct the respondents-State to initiate the fresh tender process. 2. The petitioner is an existing Contractor performing the tender work. On 9.12.2020 the respondents have invited Tender (NIT). The last date for submission of NIT/ Tender was 24.12.2020. It is alleged that the petitioner was restrained forcefully by using Government Agency i.e. GST who has made raid and sealed the office of the petitioner. On earlier two occasions two times advertisements were issued but no party has participated on account of harsh payment terms, as such 3rd Revised Call was made. It is further submitted that the re....

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....f certain conditions and therefore no one participated in the process for awarding of NIT. Thereafter, the State Government issued a Second Call on 28.10.2020 with modified conditions but still no one participated in the Second Call also. Thereafter, the State issued revised 3rd Call e-Tender (NIT) document on 9.12.2020 for State Level Centralized Call Center/ Dial-100 Project Phase-II (2020-2025) "On Turn Key Basis", by relaxing certain conditions of the first and second call. On-line bid submission date commenced from 9.12.2020 upto 18 hrs. and the last date of submission of on-line bid was 24.12.2020, upto 1800 PM. The date of opening of Bid was 26.12.2020 at 12:30 hrs. 4. In the Tender there is a requirement to deposit Earnest Money ....

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....very year depending upon inflation. This shows that huge price difference between the rates of the existing contractor and the rates quoted by the Respondent No.4. The technical bids of both the participants was evaluated after opening of price bids on 2.2.2021. The technical bids of both the bidders were held to be qualified. The petitioner raised its grievance on various forums but no action has been taken despite the reminder submitted by the petitioner on 21.2.2021. 6. The submission of learned counsel for the petitioner is that the respondents have carried out the entire exercise in arbitrary exercise of powers which suffers from outcome of malice and entire process deserves to be set aside. The petitioner's firm who is one of the s....

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....t establish any malafide or arbitrariness in the action of the respondents. It is further submitted that the petitioner was never interested in the tender process. On-line bid submission date commenced from 9.12.2020 but the petitioner got prepared the bank guarantee on 22.12.2020 just before the last date of submission of bid i.e. 24.12.2020. Further, there is no merit in the contention of the learned counsel for the petitioner that the petitioner firm was precluded from participating in the tender because of the action of the respondents. The action of raid was conducted by the Commercial Tax Department whereas, the tender was issued and finalized by the different department and different authorities i.e. Police Department. 10. We have....

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....2020 till the last date i.e. 24.12.2020 but he opted to wait till 22^nd December, 2020 to prepare the bank guarantee of Rs. 2.50 Crore to participate in the bid. On the last date a raid was conducted by the Commercial Tax, M.P. If the petitioner would have been interested to participate, he could have prepared the bank guarantee well in advance and could have submitted the bid much before the last date i.e. 26.12.2020. The two other tenderers submitted their bid on the last date, would not mean that it was compulsorily necessary for all the bidders to submit their bid on the last date of submission of bid. Even otherwise, for the same the respondents cannot be blamed that because of their action the petitioner was precluded from participati....

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....held that "the sale may be either by public auction or private contract. In either case the trustee has to keep in mind that he must obtain the most advantageous price." In the facts of the said case the tender process was set aside and directions were issued for fresh tender but in the facts of the present case nothing has been brought by the petitioner to show in what manner the respondents have acted arbitrarily in finalizing the tender of the respondent No.4. 14. In the case of Rishi Kiran Logistics Pvt. Ltd. (supra) it has been held that the respondents had a right to cancel the process which had not resulted in a concluded contract. The aforesaid judgment would not render any assistance in the facts of the present case. 15. In t....