Delhi High Court - Orders
Francis Leslie And Company Pvt. Ltd vs Union Of India & Ors on 1 July, 2020
Author: Hima Kohli
Bench: Hima Kohli, Subramonium Prasad
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3856/2020 & C.M.Nos.13798/2020,13799/2020, 13800/2020
FRANCIS LESLIE AND COMPANY PVT. LTD. ..... Petitioner
Through: Ms. Ritu Singh Mann and
Mr. Dheeraj Kumar Garg, Advocates
versus
UNION OF INDIA & ORS. ....Respondents
Through: Mr. Akshay Makhija, CGSC for
R-1 and R-2.
None for R-3 and R-4.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 01.07.2020 HEARD THROUGH VIDEO CONFERENCING.
1. The petitioner, who is a bidder in respect of a tender dated 31.1.2020 floated by the respondent No.2/NDRF for procurement of personal diving kits, underwater communication sets etc. is aggrieved by the letter dated 12.5.2020 whereby the respondent No.2/NDRF has rejected its bid on account of failure to deposit the earnest money. The petitioner is also aggrieved by the letter dated 12.6.2020 issued by the respondent No.2/NDRF informing it that upon opening the Technical Evaluation Bids of the tender documents, it had not been qualified for the next process due to non-submission of the Earnest Money Deposit (in short 'EMD').
2. Learned counsel for the petitioner states that earlier in the year 2018, the respondent No.2/NDRF had floated two tenders, both dated 03.8.2018, W.P. (C) No.3856/2020 Page 1 of 2 for procurement of similar products and the petitioner was one of the bidders, falling in the MSME category and therefore exempt from depositing EMD for the said bids. The tender documents as submitted by the petitioner were accepted by the respondent No.2/NDRF and the petitioner had qualified in the Technical Evaluation. It is submitted that it is a different matter that subsequently, the said tender was cancelled by the respondent No.2/NDRF. This time, the petitioner being under a bonafide impression that para 5 of the General Conditions of contract had stated in Clause 5.0 that "All firms who are not registered with the Ministry of MSME or any other body, as specified in the Public Procurement Policy or with Start Up India are required to deposit earnest money" and being an MSME, it remained under the impression that it is exempted from depositing the earnest money only to be confronted by the impugned order passed by the respondent No.2/NDRF disqualifying it for non-submission of earnest money.
3. Ms.Mann, learned counsel for the petitioner states that the petitioner is ready and willing to deposit the earnest money even at this stage.
4. Mr. Makhija, learned CGSC appearing for the respondents No.1 and 2 states that he may be permitted to obtain instructions from the Department and revert back.
5. At his request, list on 07.7.2020.
HIMA KOHLI, J.
SUBRAMONIUM PRASAD, J.
JULY 01, 2020/ap/rkb W.P. (C) No.3856/2020 Page 2 of 2