JUDGMENT AND ORDER :

Achintya Malla Bujor Barua, J.

Heard Sri PD Nair, learned counsel for the petitioner and Sri R. Dubey, learned counsel for respondent Nos.1 to 5 and Sri MP Goswami, learned counsel for respondent No.7. None appears for the respondent No.6.

2. Pursuant to a Tender Notice No.VP-11/2015, issued by the Airport Authority of India (for short, the AAI) for grant of licence of 'vehicle parking rights at the city side of terminal building' at Lokapriya Gopinath Bordoloi International (for short, LGBI) Airport for a period of 3 years, the petitioner had participated in the tender process. It is the case of the petitioner that as per Clause 15 of the notice inviting tender, scanned copies of all documents are to be uploaded by the tenderer, including the sign and seal of the authorised signatory, which should be clearly visible/readable. As per the said clause in case any of the documents uploaded by the tenderer is not visible to the tender opening committee, such document shall not be considered for technical qualification. Along with the writ petitioner, respondent No.6 and respondent No.7 had also submitted their tendered bids by following the process of uploading the bid in the website of the AAI.

3. It is the submission of Sri Nair that when the tenders were obtained on 15.12.2015, the representatives of the petitioners could see that the balance sheet and stamp of the chartered accountant in respect of the document submitted by respondent Nos.5 and 6 were not clearly legible. Further in respect of respondent No.6., the service tax registration certificate did not bear the sign of the issuing authority. Hence it is the case of the petitioner that the illegible documents submitted by respondent No.6 is contrary to Clause 15 of the NIET and hence, the said document could not have been considered for technical qualification of the bid of the respondent No.6.

4. It is the further submission of Sri Nair that as per Clause 3 (c) and (d) of the General Information/Guidelines, self attested copies of the PAN card, sale tax registration certificate and service tax registration are to be submitted by the tenderers. Further Clause 3(d) provides that copies of profit and loss account and balance sheet (duly audited and certified by a practicing Chartered Accountant) of the sole proprietorship concern or partnership firm etc., are also required to be submitted. In this context, Sri Nair submits that the service tax registration certificate submitted by respondent No.6 did not bear the signature of the issuing authority. Sri Nair refers to the note appearing after Clause 3, which provides that in case the tender uploaded by the tenderer is not accompanied by any of the documents stated above at paragraph 3(a to k), such tender shall not be considered. Accordingly, the learned counsel submits that the proper and acceptable self attested copy of the service tax registration certificate was not submitted by respondent No.6.

5. It is the further contention of Sri Nair that in respect of respondent No.7 the 'No Dues Certificate' was not submitted. Sri Nair, learned counsel, accordingly, submits that in view of the above lacunas pointed out, the bid of respondent No.7 also ought not be technically accepted for further consideration.

6. Per contra, Sri R. Dubey, learned counsel for AAI i.e., the Tendering Department submits that, in the meantime, the respondent No.7 had submitted a 'No Dues Certificate'. Sri Dubey, learned counsel appearing for the AAI also submits that since it is not an existing contract the respondent No.7 is not required to submit a no dues certificate as the earlier contract has already been concluded and the security money has been refunded and, therefore, no further no due certificate is required to be submitted by respondent No.7.

7. Sri MP Goswami, learned counsel appearing for respondent No.7 points out to the Certificate dated 21.04.2009, which was issued by the Airport Director, LGBI, Guwahati, which is annexed

Click Here to Read the rest of this document