Allied Engineering Works Pvt Ltd v. Punjab State Power Corporation Ltd And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-16501-2021 (O&M) Date of decision:- 26.08.2021 Allied Engineering Works Private Limited

...Petitioner(s)

Versus

Punjab State Power Corporation Limited, Patiala and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Sunil Chadha, Senior Advocate, with Mr. Akshay Chadha, Advocate, for the petitioner.

Ms. Monica Chhibber Sharma, Sr. DAG, Punjab.

(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) * * * * RAVI SHANKER JHA, C.J. (ORAL) This petition has been filed by the petitioner being aggrieved by the rejection of its technical bid on the ground that the petitioner does not fulfill the turnover criteria prescribed by the respondent-authorities in the tender document.

Learned senior counsel appearing for the petitioner submits that its turnover is more than
100 crores which is more than 100% of the value of the contract and that its turnover in respect of energy meters is also more than
10 crores. He further submits that in such circumstances, the authorities have rejected the technical bid of the petitioner on the ground that it does not fulfill the turnover criteria. He further submits that apparently, the said conclusion is contrary to the provisions of the qualification(s) criteria mentioned in the tender document. He further submits that no reason has been stated by the authorities as to how the petitioner does not meet the turnover criteria. Having heard learned senior counsel for the petitioner, it is evident that this issue needs to be considered and clarified by the respondentauthorities themselves who are the author of the tender document and understand the implication of the relevant clause. Notice of motion.

Ms. Monica Chhibber Sharma, learned Senior Deputy Advocate General, Punjab accepts notice on behalf of respondents No. 1 to 3. In the circumstances, the petition is disposed of with a direction that in case the petitioner submits a representation before the respondentauthorities during the course of the day, they shall consider and take a decision thereon before finalizing the tender proceeding and communicate it to the petitioner as expeditiously as possible.

(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 26.08.2021 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2021.08.26 15:47 I attest to the accuracy and integrity of this document