Delhi High Court - Orders
Vertel Infotel Private Limited & Ors vs Sashastra Seema Bal & Ors on 17 August, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13515/2019 & CM APPL. 54725/2019
VERTEL INFOTEL PRIVATE LIMITED & ORS ..... Petitioners
Through: Mr. Vaibhav Mahajan, Mr. Nikhil
Aswani, Advocates
versus
SASHASTRA SEEMA BAL & ORS ..... Respondents
Through: Mr. Chetan Sharma, ASG with Mr.
Vikram Jethy, CGSC, Mr. Amit
Gupta, Ms. Shreya Jethy, Mr. Rishav
Dubey, Mr. Saurabh Tripathy, Ms.
Apoorva Jha, Mr. Sahaj Garg,
Advocates
Mr. Shailendra Sharma, Advocate for
R-3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 17.08.2022
1. The instant Writ Petition has been filed by the Petitioners stating that the Petitioners/Company is a manufacturer/distributor of a wide range of goods, including various models of radio communication equipments. It is stated that the Respondent No.1/Sashastra Seema Bal and Respondent No.2/National Disaster Response Force issued tenders for procuring 5 Watt VHF Radio Sets, 25 watt VHF radio sets and 100 Watt HF Static Radio Receiver Sets in the year 2018. It is stated in the petition that in order to deprive the Petitioner, who was the L1 in the tenders issued by the Signature Not Verified Digitally Signed W.P.(C) 13515/2019 Page 1 of 4 By:RAHUL SINGH Signing Date:22.08.2022 17:25:44 Respondents No.1 & 2, the tenders for procurement of communication devices have been cancelled. The Petitioner has prayed for the following reliefs:
"a) Issue an appropriate Writ/Order(s)/Direction(s) to call for all the relevant records relating to; and to restore the GeM Tender Bid No. GEM/2018/B/31970 dated 19.06.2018 first tender') (for 1643 pcs. of 25 Watt VHP Radio Sets), wherein. Petitioner No. 1 was declared as the L-1 bidder by SSB, in view of the /na/aiJi/ey established on the part of the SSB in the MHA's Order dated 09.05.2019, giving retrospective benefit of the subsequent revocation of security clearance denial by MHA vide its Order dated 26.11.2019 and 06.12.2019, in favor of the Petitioners and consequently a further appropriate Writ/Order(s)/Direction(s) to quash and set aside the SSB's fresh / present tender associated with GEM Bid No. GEM/2019/B/2028802 dated 19.03.2019 as floated by the SSB with respect to the same subject matter; and
b) Issue an appropriate Writ/Order(s)/Direction(s) to call for all the relevant records relating to; and to restore the GeM Tender Bid No. GEM/2018/B/107627 dated 22.10.2018 second tended) (for 175 pcs. of 100 Watt HP Static Radio Receiver Sets), wherein. Petitioner No. 1 was declared as the L-1 bidder by SSB, in view of the /na/ayJlofey established on the part of the SSB in the MHA's Order dated 09.05.2019, giving retrospective benefit of the subsequent revocation of security clearance denial by MHA vide its Order dated 26.11.2019 and 06.12.2019, in favor of the Petitioners; and .
c) Issue an appropriate Writ/Order(s)/Direction(s) to call for all the relevant records relating to; and to restore the GeM Contract No. GEMC- 511687758130876 dated 13.11.2018 (' third tended) (for 1100 pcs. of 5 Watt and 25 Watt VHP Radio Sets), wherein, the said contract was Signature Not Verified Digitally Signed W.P.(C) 13515/2019 Page 2 of 4 By:RAHUL SINGH Signing Date:22.08.2022 17:25:44 executed and awarded in favor of the Petitioner company No. 1 by NDRF in view of the findings in the fact finding report of the MHA dated 09.05.2019 giving retrospective benefit of the subsequent revocation of security clearance denial by MHA vide its Order dated 26.11.2019 and 06.12.2019, in favor of the Petitioners and consequently issue a further appropriate Writ/Order(s)/Direction(s) to quash and set aside NDRF's fresh / present tender associated with GEM Bid No. GEM/2019/B/4400779 dated 27.11.2019 as floated by the NDRF with respect to the same subject matter; and
d) Any other Writ/Order(s)/Direction(s) or other further appropriate Writ/Order(s)/Direction(s) which this Hon'ble Court may deem fit and proper in the facts of the present matter."
2. Various grounds have been raised in the present Writ Petition, however, the fact remains that the NITs were cancelled in 2018 and we are presently in 2022.
3. Learned Counsel for the Union of India submits that the UoI and the other Organizations have issued various other tenders from time to time and the Petitioners have also participated in one such tender which was issued in 2019. It is stated that at this juncture, keeping in view the efflux of time, the question of reviving the old tenders of 2018 does not arise at this juncture. He also submits that from 2018, technology in communication equipment has witnessed a significant advancements and, therefore, the question of procuring old and vintage devices of 2018 made for the special operation forces does not arise. He has also stated that the price component has also witnessed a sea change and the Union of India cannot buy old 2018 models which are outdated at higher prices.
Signature Not Verified Digitally Signed W.P.(C) 13515/2019 Page 3 of 4 By:RAHUL SINGH Signing Date:22.08.2022 17:25:444. In the considered opinion of this Court and keeping in view the totality of the circumstances, question of reviving 2018 tenders does not arise. Liberty is granted to the Union of India as well as Armed Forces to issue fresh tenders for telecommunication equipments as and when the need arises in future.
5. It is needless to mention that the Petitioner, subject to qualification, shall also be free to participate in tenders issued by the Respondent in future.
6. With these observations the Writ Petition is dismissed along with all the pending applications, if any.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J AUGUST 17, 2022 Rahul Signature Not Verified Digitally Signed W.P.(C) 13515/2019 Page 4 of 4 By:RAHUL SINGH Signing Date:22.08.2022 17:25:44