Bombay High Court
M/S. Rama Udyog Pvt. Ltd., Thr. ... vs Rashtriya Ispat Nigam Ltd. (Rinl) ... on 25 November, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
929
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4368 OF 2025
M/S. RAMA UDYOG PVT. LTD., THR. AUTHORIZED SIGNATORY, RAIPUR,
CHHATTISGARH
VS
RASHTRIYA ISPAT NIGAM LTD. (RINL) BRANCH SERVICE OFFICE, THR, SR.
BRANCH OFFICER AND ANOTHER
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
Appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr. Rohan Chhabra, Advocate a/w Mr. V.V. Tankha, Advocate for the petitioner/s
Mr. S.N. Kumar, Advocate for the respondent Nos.1 to 3
-------------------------------
CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ.
DATE : 25.11.2025
1. Heard.
2. In the present matter, the petitioner submitted two bids in the name of M/s Rama Udyog Pvt. Ltd. and Rama Power and Steel Pvt. Ltd. The Directors of both the companies i.e. the present petitioner and the Rama Power & Steel Pvt. Ltd. are the same.
3. The petitioner is not disputing the said fact.
4. The Clause-29 of the general terms and conditions of the tender document reads thus:
"29: One Bid per Bidder :
A Bidder shall submit only one bid in a particular bidding process (unless otherwise allowed in the bid STC/ATC conditions). In case of a holding company having more than one independent manufacturing units or more than one unit having common business ownership / management, only one unit should quote. Similar restrictions shall apply to closely related sister companies. Bidder's sister/Associated/Allied concern(s) participating or applying against the same tender, shall lead to disqualification of Bidders. Sister / Associated / Allied nd.thawre 929 2/3 concern means a company, society, partnership firm or proprietorship firm having one or more common persons as Director/Partner/Member/Owner. A Bidder who submits more than one bid will causeall the proposals submitted in the particular bid to be disqualified. In relation to the above, a person will include firm(s) of Proprietorship/Partnership Firm/Limited Liability Partnership/Private Limited/Limited company / Society registered under Society's Act/Statutory Bodies/any other legal entity, as the case may be, & will be deemed to have submitted multiple bids in a particular bid if a person bids in any of the two formats given below:
i. individual or proprietorship format and/or ii. a partnership or association of persons format and/or iii. a company format Whereby, • A company shall for this purpose include any artificial person whether constituted under the Indian laws or of any other country.
• A person shall be deemed to have bid in a partnership format or in association of persons format if he is a partner of the firm which has submitted the bid or is a member of any association of persons which has submitted a bid. • A person shall be deemed to have bid in a company format if the person holds:
i. More than 10% (ten percent) of the voting share capital of the company which has submitted a bid, or ii. Is a director and/or Key Managerial Personnel of the company which has submitted a bid, or iii. Holds more than 10% (ten percent) of voting share capital in and/or is a director and/or Key Managerial Personnel of a holding company of that company which has submitted the bid.
By making a bid pursuant to the Tender Documents, the bidder / tenderer shall be deemed to have declared that the bidder/tenderer has not made anyother bid or multiple bids as understood or deemed in terms of this clause. nd.thawre 929 3/3 All the bids of a bidder who has submitted multiple bids, as per the clause, shall be rejected and Bid Security for all such bids shall be forfeited, not by way of penalty or liquidated damages but by way of reimbursement of the pre-estimated costs likely to be incurred by the buyer towards bidding process and in the scrutiny & evaluation of bids.
In addition to the above, bidders found to be in contravention to the said clause will be liable for administrative actions."
5. Therefore, in light of Clause-29 of the general terms and conditions of the tender document, the petitioner needs to be disqualified or its bid needs to be rejected.
6. Thus, considering the fact that the petitioner is not qualified to participate in the bid proceeding, which is under challenge in the present petition, accordingly, the writ petition is dismissed. No order as to costs.
(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge nd.thawre Date: 25/11/2025 19:30:10