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2018 Supreme(Raj) 965
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Ashok Kumar Gaur, J.
GIEPL-HSEPL JV - Appellant
Vs.
Additional Chief Engineer, Water Resource Department - Respondent
Civil Writs No. 8466 of 2018
Decided On : 26-10-2018
Advocate Appeared:
Bharat Vyas, Mahima Kirori, J.M. Saxena, S.S. Hora
Headnote:
Rajasthan Transparency in Public Procurement Rules 2013 – Rule 63 –– Present controversy - Income Tax Returns - Bank guarantee - Against rejection of their bid - Petitioner has further pleaded that Engineering Ltd - Mumbai executed a Memorandum of Understanding with intention to form Joint Venture and executed power of attorney for lead member of Joint Venture Engineering and their and power of attorney for lead member of Joint Venture has been filed with writ petition as respectively - It is pleaded that on Dena Bank Mumbai issued Bank Guarantee on behalf of Engineering Ltd - And said Bank was accepted by official respondents and there was for Joint Venture – Held, Order passed by coordinate Bench of this Court at Principal Seat at Jodhpur in Company Infra - Is concerned this court finds that case was with regard to holding bidder as non-responsive on ground of submitting Fixed Deposit Receipt as bid security having validity of days only and not for days - In said case Government Counsel had filed an affidavit before court that the Fixed Deposit Receipt of days submitted by some other bidder in same tender process was accepted by Public Works Department and petitioner had also in that case at subsequent stage secured and submitted certificate from Bank extending fixed deposit at instance of department - Said order has been passed in view of above facts and as far as present controversy with respect to submitting the bid by Joint Venture is concerned said order is of little help to petitioner - Petition dismissed
Ashok Kumar Gaur, J.
The instant petition has been filed by the GIEPL-HSEPL (JV) challenging the order dated 05.01.2018 wherein its technical bid has been treated as non-responsive on account of not furnishing bank guarantee in the name of joint venture. The procuring entity found that the amount of bid security by way of bank guarantee was only in the name of lead partner.
2. The petitioner has also challenged the order dated 29.01.2018 passed by the first appellate authority dismissing the first appeal filed by the petitioner against rejection of their bid and further the petitioner is aggrieved by the order dated 13.04.2018 passed by the second appellate authority dismissing the second appeal of the petitioner.
3. The petitioner has sought a declaration against the respondents to declare the petitioner as responsive bidder in technical bid and further prayer has been made to accept the financial bid of the petitioner and to consider them for award of contract in pursuance of e-notice inviting bid No.07/2017-18 dated 10.10.2017 for construction of Isarda Dam, across Banas river for drinking water, near village Banetha, District Tonk (Rajasthan).
4. The brief facts of the case are that the Government of Rajasthan, Water Resource Department, issued E-Notice Inviting Bid (NIB) dated 10.10.2017 for planning, investigation, design, drawing and construction of Isarda Dam, across Banas river for drinking water, near village Banetha, District Tonk (Rajasthan) on Engineering Procurement Construction Basis (Single Responsibility Turn Key Project) including its operation and maintenance for five years (hereinafter shall be referred to as 'the NIB').
5. The petitioner has pleaded in the writ petition that it was an intended Joint Venture in between M/s.Ghanaram Infra Engineers Pvt. Ltd. and M/s. Hoisto Structures & Equipment Pvt. Ltd., both duly registered under provisions of the Companies Act. It is pleaded in the petition that both the Companies were in agreement to subsequently form a legally constituted Joint Venture and M/s. Ghanaram Infra Engineers Pvt. Ltd. was designated as lead partner. Shri Bishan Singh, one of the Directors in M/s. Ghanaram Infra Engineers Pvt. Ltd. was given the power of attorney by both the entities intending to form JV. The petitioner has placed on record, a xerox copy of the agreement intending to form Joint Venture dated 30.11.2017, as Annexure-1.
6. The petitioner has pleaded that the procuring entity-Government of Rajasthan issued E-Notice Inviting Bid No.07/2017-18 dated 10.10.2017 from interested bidders for planning, investigation, design, drawing and construction of Isarda Dam, across Banas river for drinking water, near village Banetha, District Tonk (Rajasthan) on Engineering Procurement Construction Basis (Single Responsibility Turn Key Project) including its operation and maintenance for five years. It is pleaded by the petitioner that later on Corrigendum No.1 of NIT No.07/2017-18 was issued on 06.11.2017 and certain amendments were made in the bid document and date of opening of bid was changed from 17.11.2017 to 07.12.2017 and further the bid security amount was also revised/amended, as per the revised estimated cost of the project.
7. The petitioner has pleaded that as per the amended stipulations in NIT dated 06.11.2017, the estimated cost was revised to Rs. 653.60 Crores and the bidder being registered as eligible contractor with Water Resources Department, was supposed to pay a sum of Rs. 3.268 Crores as bid security by furnishing Bank Guarantee.
8. The petitioner has pleaded that it purchased the bid document and submitted its tender on-line on 06.12.2017 and further submitted the bid security money in office of the respondent No.1, amounting to Rs. 3.27 Crores through Bank Guarantee No.06/2017 dated 05.12.2017 issued by the Canara Bank, SME Branch, Kachari Chauraha, Jhansi in the
