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2023 Supreme(Guj) 261

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ARAVIND KUMAR, ASHUTOSH SHASTRI, JJ.
Shree Shyam Trading Company – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 14857 Of 2022 With Civil Application (For Interim Relief) No. 1 of 2022 With R/Special Civil Application No. 19459 Of 2022
Decided On : 07-02-2023

Advocates Appeared:
For the Petitioner: Mr. Dhaval Dave with Mr. Shyam M. Shah.
For the Respondent: Mr. K.M. Antani, Mr. Bhaumik Dholariya.

Headnote:

Constitution of India,1950 - Article 226 - Special Civil Application - E-Tender Notice - Tender process - Purpose of bidding - Whether a bidder satisfies the tender condition is primarily upon the authority inviting the bids – Held, Court make it clear that it would be independently open for tender inviting authority to proceed ahead with tender in question looking at the urgency or the need which may be felt by authority, and as said further by respondent authority that tender process will be carried out strictly in consonance with process which has been published, we are leaving it open for the authority to examine and proceed ahead, and as such, without expressing much on said cognate petition, it is disposed of with an observation that respondent authority may examine and proceed ahead with tender process in accordance with law as early as possible – Court deem it proper to dispose of the cognate petition also - Petition dismissed

JUDGMENT :

(Aravind Kumar, J.)

1. Since both these petitions are related to same tender process to be carried out by virtue of E-Tender Notice No.14 of 2021-22 (Tender ID No.502430) floated by the respondent-authority, and since the request is made by the learned advocates to hear and dispose of both these petitions conjointly, we deem it proper to consider the request, and accordingly, both these petitions are taken up for hearing and being disposed of by this common order.

2. Since the Special Civil Application No.14857 of 2022 is filed not only first in point of time but is a matter pertaining to the grievance about non-consideration of tender of the petitioner, we deem it proper to treat this petition as the lead matter and the facts, for the sake of convenience, are taken from the said petition.

3. Subsequent petition, i.e., Special Civil Application No.19459 of 2022 is filed by the concerned petitioner seeking direction to the respondent-authority to proceed further with the E-Tender Notice No.14 of 2021-22 (Tender ID No.502430), hence we deem it proper to deal with the lead petition at the first instance.

4. The background of facts which has given rise to filing of aforesaid lead petition is that the petitioner is a joint venture entity incorporated for the purpose of bidding E-Tender Notice No.14 of 2021-22 (Tender ID No.502430) floated by the respondent authority, namely, Narmada Water Resources, Water Supply and Kalpsar Division, Government of Gujarat for desilting of river Tapi in upstream of Singanpore weir (hereinafter referred to as “impugned tender”). The said joint venture agreement stated to have been executed on 08.04.2022 between M/s. Siddhi Vinayak Knots & Prints Pvt. Ltd. and Mr. Alpeshkumar Babulal Panchal.

5. It is the case of the petitioner that on 21.01.2022, the respondent No.2-authority invited bids as indicated above for tender in question and the process of such tender was being done through N-procure (a tender management portal for Government of Gujarat). The lead member of the petitioner joint venture, i.e,. JV-M/s. Siddhi Vinayak Knots & Prints Pvt. Ltd. is a registered entity on the said portal. The last date for submission of bid was fixed as 14.01.2022 and for tendering documents in physical, a date was prescribed as 19.02.2022. According to the petitioner, the technical bids pertaining to the impugned tender were to be opened on 21.02.2022.

6. The case of the petitioner is that eligibility criteria is prescribed in the tender notice in Clause-III which essentially require following particulars. The chart related to it quoted in the petition is reproduced hereunder :

Sr. No.

Time Limit and Bid Submission

2.

Bid submission

The bidder must quote the rate per metric ton of the materials to be desilted/dredged. Work shall be awarded to the bidder who bid the highest price and satisfies all the other eligibility criteria.

(A)

Eligibility Criteria

 

3.

Registration

Agency/Organization/Individual Company Mandli shall be a registered under Gujarat State Government/Semi Government Corporation/Nagar Palika/Government undertaking/Government Enterprises/Government Public Sector Units/Public Limited Companies only in the last 7 (seven) years. Copy of registration shall be submitted with bid submission.

4.

Valid Solvency Certificate

Solvency of Rs.1.00 Crore issued in the current calendar year by Nationalized Scheduled bank.

5.

Joint Venture

Allowed (Maximum 2 partner. Lead partner+other 1 (one) partner)

The share of lead partner shall not be less than 60%

(B)

Financial Criteria

 

6.

Annual Turnover

Rs.300 Crore in any one year during the last 7 financial years.

In the case of Joint Venture the total annual turnover of both partners shall be Rs.375 Crores but the turnover of lead partner shall not be less than Rs.

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