Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Teq Green Power Ix Private Limited vs Remc Limited & Anr on 12 April, 2022

Author: Vipin Sanghi

Bench: Navin Chawla, Vipin Sanghi

                    $~3
                    *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +        W.P.(C) 3104/2022 & CM 12882/2022

                             TEQ GREEN POWER IX PRIVATE LIMITED ..... Petitioner
                                          Through: Mr.Vishrov Mukherjee, Mr.Rohit
                                                    Venkat, Ms.Priyanka Vyas, Advs.

                                               versus

                             REMC LIMITED & ANR.                              ..... Respondents
                                          Through:          Mr.Balendu Shekhar, Mr.Ravi Gopal,
                                                            Mr.Rajkumar Maurya, Advs. with
                                                            Mr.Vineet Prakash, Advs. for R-1.

                             CORAM:
                             HON'BLE THE ACTING CHIEF JUSTICE
                             HON'BLE MR. JUSTICE NAVIN CHAWLA
                                          ORDER

% 12.04.2022

1. One of the apprehensions entertained by the petitioner, whose bid has been declared to be non-responsive, is that as the result of the bid being declared "non-responsive", the petitioner may be visited with an order of debarment/blacklisting in terms of Clause 3.11(i) of the „Request for Selection (RfS) Document for Selection of Wind Power Developer for Procurement of 50 MW Wind Power through Tariff-Based Bidding for consumption of Railways for traction in the Maharashtra State‟, which reads as under:

"3.11. Bid Security and Performance Bank Guarantees (PBG) The Bidder shall provide the following Bank Guarantees in a phased manner as follows:

i) Declaration of Bid Security: The Bidder shall submit the declaration of bid security as per Format 6.3 A of the RfS as part of its response to the RfS. By submission of this declaration, the bidder hereby accepts that if it withdraws or modifies its response to RfS during the bid validity period, it will be suspended/barred from bidding in future REMCL's tenders for a period of 2 years from the date of default as notified by REMC Ltd.

Provisions under Clause 3.24 of the RfS (Non- Responsive Bid) will result in deviation from the declaration submitted under Format 6.3A, and applicable action will be taken by REMC Ltd in this regard. Further, provisions of this Clause will be triggered by any of the following:

a. If the bidder withdraws or varies the bid after due date and time of bid submission and during the validity of bid;

b. In case, REMCL/Railway offers to execute the PPA with the Selected Bidder and if the Selected Bidder does not submit the requisite documents as per Clause 3.14 of the RfS or does not execute the PPA within the stipulated time period;

c. If after issuance of LoA, it is found that the documents furnished by the bidders as part of response to RfS are misleading or misrepresented in any way;

                                          d.    If the bidder fails to furnish required
                                                Performance        Bank   Guarantee/POI       in

accordance with Clause 3.11 (ii) of the RfS."

(Emphasis supplied)

2. The learned counsel for the respondents, on instructions, states the respondent is not intending to take any penal action against the petitioner on account of the petitioner being declared „non-responsive‟.

3. In the light of this assurance, which is accepted by the Court and by which the respondents shall remain bound, the petitioner does not press this petition on merits.

4. The petition and pending applications are dismissed as withdrawn.

5. The next date of hearing i.e., 05.05.2022 stands cancelled.

VIPIN SANGHI, ACJ NAVIN CHAWLA, J APRIL 12, 2022 RN Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:13.04.2022 13:39:16