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Delhi High Court - Orders

Teq Green Power Ix Private Limited vs Remc Limited & Anr on 18 February, 2022

Author: Vipin Sanghi

Bench: Vipin Sanghi, Jasmeet Singh

                          $~20.
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 3104/2022 and C.M. No. 8985/2022
                                  TEQ GREEN POWER IX PRIVATE LIMITED                 ..... Petitioner
                                                     Through:      Mr.    Maninder    Singh,    Senior
                                                                   Advocate    with    Mr.    Vishrov
                                                                   Mukerjee, Mr. Rohit Venkat &
                                                                   Ms.Priyanka Vyas, Advocates.

                                                     versus

                                  REMC LIMITED & ANR.                                ..... Respondents
                                                     Through:

                                  CORAM:
                                  HON'BLE MR. JUSTICE VIPIN SANGHI
                                  HON'BLE MR. JUSTICE JASMEET SINGH

                                                              ORDER

% 18.02.2022

1. The submission of Mr. Singh is that the petitioner's bid has been declared as "Non-responsive" - which is a defined term in the tender in question in Clause 3.23. "Non-responsive" has been defined in respect of a bid to mean non-submission of the documents enlisted in the said clause. He submits that the petitioner had submitted the documents enlisted under Clause 3.23.

2. He further submits that the bid evaluation and selection of project is stipulated in Section 4 of the tender document which obliges the respondent to - while evaluating the technical bids, seek clarification/ additional documents from the bidders within seven days under Clause 4.2A(3). He Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:19.02.2022 16:13:18 submits that this process was not adopted in respect of the petitioner and the petitioner is completely unaware as to why the petitioner has been declared as "Non-responsive".

3. Issue notice to the respondents returnable on 05.05.2022.

4. In the meantime, the respondent shall not open the Financial Bids. However, in case they decide to do so, they should open the petitioners Financial Bid as well - without prejudice to the rights & contentions of the parties, along with the bids of the other qualified bidders.

5. Dasti.

VIPIN SANGHI, J JASMEET SINGH, J FEBRUARY 18, 2022 B.S. Rohella Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:19.02.2022 16:13:18