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2020 Supreme(Mad) 448
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SUNDAR, J.
Parveen Roadways, Transporters and Handling Contractors, Represented by its Authorised Signatory & Manager N. Divya - Appellant
Versus
The Deputy Chief Mechanical Engineer/Fur Division, Integral Coach Factory, Chennai & Others - Respondent
W.P. No. 7480 of 2020 & W.M.P. No. 8893 of 2020
Decided On : 17-04-2020
For the Petitioner:P. Bagyalakshmi, Advocate. For the Respondents: R1 to R3, P.T. Ramkumar, Standing Counsel.
: The principle established is that a party should have an opportunity for their representations to be considered before participating in a tender process.
Headnote:Mandamus - Tender Contract - N/A - The court directed the respondent to consider the petitioner's representations and modify the eligibility period in the tender notice, allowing the petitioner to participate in the e-tender process.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondent to consider their representations and modify the eligibility period in a tender notice.Finding of the Court:
The court directed the respondent to consider the petitioner's representations and modify the eligibility period, allowing the petitioner to participate in the e-tender process.Issues:
Consideration of petitioner's representations and modification of tender conditions.Ratio Decidendi:
The court found that it was necessary for the respondent to consider and dispose of the petitioner's representations before proceeding with the e-tender process.Final Decision:
The court disposed of the petition with directions for consideration of representations and modification of tender conditions.JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing second respondent herein to consider the representation dated 18.03.2020 and 21.03.2020 of this petitioner and
modify the eligibility period of one year at page no.11, clause no.1.2.2 in the respondents proceedings in tender notice no.2019499210169 dated 16.03.2020 and to pass such other or favourable orders as deem fit and necessary in the circumstances of the case and thus render justice.)
1. Instant writ petition pertains to 'Tender No.2019499210169, dated 16.03.2020, File No.MFPL/187/260 for work described as 'Service contract for Comprehensive House Keeping of Furnishing Factory premises at estimated value of Rs.16,44,09,287/-' (hereinafter 'said tender' for the sake of brevity, convenience and clarity).
2. Said tender is a e-tender and as per the original notification, time of closing of submission of e-tender and time of opening of e-tender are 14.45 hours and 15.00 hours respectively, on 06.04.2020.
3. Writ petitioner, who is aspiring to bid qua said tender has sent two representations, one dated 18.03.2020 (hereinafter 'first representation' for convenience) and another dated 21.03.2020 (hereinafter 'second representation' for brevity and clarity) wherein writ petitioner has inter-alia sought for modification of certain tender conditions qua said tender. To be noted, first representation and second representation are at pages 99 and page after 105 in the typed set of papers placed before me.
4. The case of the writ petitioner is that it is a MSME. This court is informed that 'MSME' stands for 'Micro, Small and Medium Enterprises'.
5. Stating that 06.04.2020 date referred to supra qua said tender has been rescheduled to 20.04.2020, instant writ petition was moved through electronic mail.
6. A web hearing via a video conferencing platform was permitted today (17.04.2020 Friday).
7. Ms.P.Bagyalakshmi, learned counsel for writ petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for Railways, who accepted notice on behalf of all three respondents are in the web hearing on a video conference platform before me today. Though several points and counter points were made, what is of significance is there is no disputation that aforementioned first representation and second representation have not been disposed of by the second respondent.
8. More important and significant aspect of the matter is, learned counsel for Railways on instructions submits that the aforementioned 06.04.2020 date qua said tender which was rescheduled to 20.04.2020 has now been further rescheduled to 06.05.2020 (Wednesday). This submission is recorded.
9. Therefore, without expressing any opinion one way or the other on the merits of the matter and leaving all questions open, the following consent order is passed:
(a) Writ petitioner shall resend today first representation dated 18.03.2020 and second representation dated 21.03.2020 from writ petitioner's counsel's email id, which this court is informed is bagyalakshmip@yahoo.com to the email id of learned Standing Counsel for Railways which this Court is informed is ptramkumar2008@gmail.com.
(b) The second respondent, namely Principal Chief Mechanical Engineer, Integral Coach Factory, Chennai-600 038 shall pass a considered order on merits on both aforementioned representations dated 18.03.2020 and 21.03.2020 on or before 22.04.2020 (Wednesday).
(c) The disposal of aforementioned two representations by second respondent on or before 22.04.2020 shall be communicated by email from aforementioned email id of learned Standing Counsel for Railways to the aforementioned email id of learned counsel for writ petitioner. Though obvious, such communication shall be done on or before 22.04.2020.
(d) If the disposal is favourable to writ petitioner, writ petitioner can participate in the e-tender by submitting bid on or before 14.45 hours on 06.05.2020. Obviously, opening of e-tender will be at 15.00 hours o
