2024:BHC-NAG:11624-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6028/2024 (M/S BCPL-SRRIPL (J.V.) THROUGH AUTHORIZED SIGNATORY RAJARAM SUNIL KUNDU VERSUS STATE OF MAHARASHTRA & OTHERS)

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms Apurva Tripathi, Advocate with Shri D.A. Sonwane, counsel for the petitioner.

Shri D.V. Chauhan, Senior Advocate and Government Pleader with Shri N.S. Rao, Assistant Government Pleader for the respondent no.1.

Shri S.P. Dharmadhikari, Senior Advocate with Shri J.B. Kasat, counsel for the respondent nos.2 to 5.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI , JJ .

D ATE : OCTO BER 14 , 2024 ORDER (PER : NITIN W. SAMBRE, J.)

Heard the learned counsel for the parties and with their consent the writ petition is taken up for final disposal.

2. The respondent Nos.2 to 5 had floated a tender which is titled as ‘Katipati (Storage) Barrage, Taluka District Akola Construction of Earthwork and Gated Barrage Works’. The estimated cost of the said work Rs.305,55,62,116/-(Rupees Three Hundred Five Crores Fifty Five Lakhs Sixty Two Thousand One Hundred and Sixteen Only) and the total period within which the construction was to be completed was 36 calendar months including monsoon session. The tender conditions postulates the general experience to be considered and the condition to that effect reads thus:-

“(C) General Experience:-

1) General Experience (For Civil Work Portion) The tenderer shall meet the following minimum criteria:

For Work executed in any one financial year during last Five years (year may be different for different items for different works.), the minimum quantities of the following major items of work shall be as indicated below:-

1	Embankment	:-	60533 Cum.
2	Concrete of all grade	:-	48346 Cum.
3	Steel Reinforcement	:-	2718 MT
4	Excavation for foundation of barrage/spillway	:-	427374 Cum.
5	Excavation for C.O.T. and other allied works	:-	211190 Cum.
6 Manufacturing	Fabrication, Erection, Commissioning & Testing of Barrage Gate and Other ancillary works.	:-	795 MT

i) The works must be successfully completed by the applicants as prime contractor or any one member of joint venture has completed the above work together.

ii) For above, in case the project has been executed by a joint venture, wightage towards experience of the project would be given to each partner in proportion to their participation in the joint venture.

iii) For these, a certificate from employer shall be submitted along with application incorporating clearly the name of the work, contract value, billing amount, date of commencement of works satisfactory performance of the Contractor and any other relevant information. (Note:- Work done certificate of Govt. Organization/Semi govt. organization/Govt. Undertaking/P.S.U.s only will be considered. Quantity certificate/work done certificate should not be below the rank of Executive Engineer.”

3. The petitioner which is a Joint Venture, submitted its bid and considering its general experience, the petitioner was held to be disqualified resulting in to the present petition. The relief claimed in the petition is to set aside the impugned communication dated September 28, 2024 whereby the respondents have disqualified the technical bid of the petitioner. The petitioner has further prayed for issuance of direction to consider the work certificate dated April 14, 2022 and based on the same, re-evaluate the claim of the petitioner thereby declaring it to be qualified.

4. The submissions of the learned counsel for the petitioner are, the disqualification of the technical bid is with the label that “Criteria for similar kind of work quantity i.e. manufacturing, fabrication, commissioning, Erection and testing of barrage gate is not satisfied. Recommended for disqualification”.

5. According to the counsel for the petitioner, if the tender conditions are consider

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