Andhra Pradesh High Court - Amravati
Sangam India Limited, vs The State Of Andhra Pradesh on 17 March, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
[ 2693 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI\ . IA No. 1 OF 2021 IN WP NO: 6159 OF 2021 Between: Sangam India Limited, having its registered office at B/306-309, Dynasty Business Park, A.K.Road, J.B.Nagar, Opposite Sangam Cinema, Andheri (E), Mumbai- 400059, Rep by Legal Manager Dilip Kumar Chopra S/o. Vimal Chand Chopra aged about 46 years, Occ.Legal Manager C/o.B/306-309, Dynasty Business Park, A.K.Road, J.B.Nagar, Opposite Sangam Cinema, Andheir(E), Mumbai-400059 ...Petitioner (Petitioner in WP 6159 OF 2021 on the file of High Court) AND 1. The State of Andhra Pradesh, Department of School Education Secretariat, Velagapudi, Amavarathi, Guntur District Rep.by its Principal Secretary 2. The State Project Director, Samagra Shiksha KBC Boys High School Premises, Opp Rythu Bazar, Patamata, Vijayawada, Krishna District, Andhra Pradesh - 520 010 . 3. The Tender Evaluation Committee, (Tender Notification No. SS- 16021/10/2021-CMO SEC-SSA/5/2021-22) Samagra Shiksha, KBC Boys High School Premises, Opp Rythu Bazar, Patamata, Vijayawada, Krishna District, Andhra Pradesh - 520 010 4. Ms. Mafatlal Industries Limited, 5th Floor, Mafatlal House, HT Parekh Marg, Backbay Reclaimation, Church Gate, Mumbai - 400 020. ...Respondent(s) (Respondents in-do-) Counsel for the Petitioner: Sri.C.Subodh Counsel for the Respondent No.1: GP for Education Counsel for the Respondent Nos.2 & 3: Ms.Kranthisri Vaka, Standing Counsel Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to stay all further proceedings with respect to the tender vide notification No.$§-16021/10/2021-CMO SEC-SSA/5/2021-22, dated 17.02.2021 ,including awarding of contract, pending disposal of WP No. 6159 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following: ORDER:
This writ petition is filed questioning the action of the respondents in conducting the tender, with respect to tender notification dated 17.02.2021 as contrary to Corrigendum-| dated 01.03.2021 and consequently to direct the respondents to conduct reverse auctioning process afresh by fixing the initial oe Zé if L £ amount by taking into consideration the quantity (running meters) mentioned in Corrigendum-| dated 01.03.2021.
Case of the petitioner is that, the 2"? respondent issued an e-procurement tender notification (reverse tendering process) dated 17.02.2021 for supply of school uniform cloth for the academic year 2021-22; as per the tender notification, the successful bidder has to supply 27,64,140.90 meters of suiting cloth, having width of 137 centimetres, shirting cloth of 73,55,482.80 meters, having width of 91 centimetres and 16,78,466.10 meters of chunni cloth; as per the notification, uploading of corrigendum with finalized specifications is 01.03.2021, bid closing date is 04.03.2021, technical bid opening date is from 05.03.2021 to 08.03.2021, date of opening of financial bid is on 09.03.2021 and date of reverse auctioning is on 09.03.2021; the respondents have issued a Corrigendum-I on 01.03.2021 amending the tender document; as per the said corrigendum, the clause 17.1 with regard to required quantity of cloth and width is amended with respect to shirting cloth is concerned; as per the corrigendum, the width of shirt clothing is amended from 91 cms to 137 cms, and shirting cloth to be procured was amended from 73,55,482.80 meters to 48,46,872.63 meters; petitioner quoted an amount of Rs.162.75 for suiting cloth, Rs.133.35 for shirting cloth and Rs.63/- for chunni cloth in the price bid on 04.03.2021; petitioner was qualified in the technical bid and financial bids were opened on 09.03.2021 and the petitioner received a communication on 09.03.2021 stating that reverse | auctioning will be conducted on 09.03.2021 itself; petitioner quoted the amount separately and the total amounts of the bid is Rs.120,19,37,754.21 ps for all the three categories of items that has to be supplied; this amount is arrived by the petitioner by calculating the quantity of the material as per corrigendum dated 01.03.2021; -respondent-authorities started revere auctioning from Rs.153,64,60,920/-; petitioner participated in the reverse auctioning process up to Rs.132 crores and exited from the tendering as there is ambiguity with respect to total quantity (running meters) that has to be supplied by the bidders; petitioner came to know that the respondent-authorities calculated the quantity (running meters) of shirting cloth as per tender document prior to the corrigendum-| dated 01.03.2021; once corrigendum has been issued, the respondents have to calculate the starting rate of reverse tendering taking into account new quantity (running meters) pursuant to the corrigendum; the 4" respondent was declared as L1 in the reverse auctioning process, as he quoted an amount of Rs.132 crores (approximately); petitioner quoted the less price compared to other bidder in the price bid. Hence, the writ petition.
This matter was called in the morning session and again passed over to 2.15 p.m. Ms. Kranthisri Vaka, learned standing counsel appearing for respondents 2 and 3 could not get the required instructions in the matter in spite of her best efforts.
Heard Sri C. Subodh, learned counsel for the petitioner and Ms. Kranthisri Vaka, learned standing counsel appearing for respondents 2 and 3.
As seen from the calculation table filed at paragraph 7 of the affidavit, the respondent-authorities started reverse tendering process by taking into account the quantity that has to be supplied prior to the corrigendum and multiplying the same by the rate quoted by the petitioner. After corrigendum is issued, the respondent-authorities ought to have made calculation basing on the quantity that has to be procured as per the corrigendum and they ought to have taken the requirement of the shirting cloth as 48,46,872.63 meters instead of 73,55,482.80 meters.
In view of the same, as the petitioner has made out a prima-facie case, there shall be interim stay as prayed for till 07.04.2021.
Sd/-T.Madhavi ASSISTANT REGISTRAR Ques ITRUECOPY/ | | SECTION OFFICER To,
1. The Principal Secretary, Department of School Education, State of Andhra Pradesh, Secretariat, Velagapudi, Amavarathi, Guntur District
2. The State Project Director, SamagraShiksha KBC Boys High School Premises, Opp Rythu Bazar, Patamata, Vijayawada, Krishna District, Andhra Pradesh - 520 010
3. The Tender Evaluation Committee, (Tender Notification No. SS-16021/10/2021- CMO SEC-SSA/5/2021-22) Samagra Shiksha, KBC Boys High School Premises, Opp Rythu Bazar, Patamata, Vijayawada, Krishna District, Andhra Pradesh - 520 010
4. Ms. Mafatlal Industries Limited, 5th Floor, Mafatlal House, HT Parekh Marg, Backbay Reclaimation, Church Gate, Mumbai - 400 020. (1 to 4 by RPAD)
5. One CC to SRI.C.SUBODH Advocate [OPUC]
6. One CC to Ms.Kranthisri Vaka, Standing Counsel (OPUC)
7. Two CCs to GP for Education, High Court Of Andhra Pradesh. [OUT
8. One spare copy SRL A HIGH COURT KVLJ DATED:17/03/2021 ORDER
1.A.NO.1 OF 2021 IN WP.No.6159 of 2021 INTERIM STAY