Back
M. NAGAPRASANNA
L. M. D. Power Works Opc Pvt. Ltd. – Appellant
Versus
Bangalore Electricity Supply Company Limited – Respondent
ORDER :
The petitioners, in this petition, call in question all 50 independent tenders termed as independent enquiry numbers forming part of a tender notification dated 28-03-2022 and consequently, seek re-notification of all the 50 tenders afresh in terms of Karnataka Transparency in Public Procurements Act, 1999 (‘the Act’ for short) and Karnataka Transparency in Public Procurements Rules, 2000 (‘the Rules’ for short).
2. Heard Sri Nandakumar.C.K., learned senior counsel appearing for petitioners and Sri.S.Sriranga, learned senior counsel appearing for respondent.
3. Brief facts that lead the petitioners to this court in the subject petition, as borne out from the pleadings, are as follows:-
The petitioners claim to be independent proprietorship concerns doing business of repairing and servicing of electrical transformers and claim to be belonging to Scheduled Castes or Scheduled Tribes category. The petitioners further claim that they have rich experience in undertaking all repairs of transformers and re-conditioning work of 11 KV Class single coil/multi coil conventional transf
The main legal point established in the judgment is the requirement to specify the tender value in the notification inviting tender, as mandated by Rule 9 of the Karnataka Transparency in Public Proc....
The main legal point established in the judgment is that the work of repairing transformers does not fall within the definition of 'Construction Works' under the 1999 Act, and therefore, reservation ....
Point of Law : Only a participant can question the tender, the challenge raised by petitioners who are not the participants in the subject tender, would thus tumble down. [Para 6]
Section 14 of Act reads as general rejection of tenders.
The court upheld that 100% reservation for MSEs in public procurement is valid under the MSE Policy, rejecting claims of arbitrariness towards tender selection processes.
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
The reservation requirement under the Karnataka Transparency in Public Procurement Act and Rules, 1999 does not apply to the supply of manpower.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
