Calcutta High Court (Appellete Side)
Mcnally Bharat Engineering Company & ... vs West Bengal Highway Dev Elopment ... on 5 February, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
7 05.02. W.P. 2739 (W) of 2019
ns 2019
McNally Bharat Engineering Company & anr.
Vs.
West Bengal Highway Dev elopment Corporation
Limited & anr.
Mr. S. K. Kapur, Sr. Adv.,
Mr. Ananda Sen,
Mr. Anubhav Sinha,
Mr. Sankar Kumar Samanta .... For the petitioners.
Mr. Jishnu Saha, Sr. Adv.,
Mr. Sakabda Roy .... For respondents.
A tender process is under challenge.
Learned senior Advocate appearing for the petitioners submits that, the petitioners were wrongfully disqualified at the technical bid stage. He submits that, the financial bid of the petitioners is less than Rs.50 Crores. The authorities did not communicate the reasons as to why, the technical bid of the petitioners was rejected.
Learned senior Advocate appearing for the respondents submits that, the disqualified bidders were called for a meeting although the tender conditions do not require them to do so. They were apprised of the reasons for the disqualification. He submits that, should an 2 opportunity to file affidavits is granted, he will place all material documents therewith. He also submits that, the employer has since issued a Letter of Intent in favour of the successful tenderer. The employer has received the letter of acceptance from the successful tenderer.
Learned senior Advocate appearing for the petitioners submits that, the respondents have acted in a hot haste in issuing the Letter of Intent.
In the facts of the present case, an opportunity should be afforded to the respondents to file affidavits.
Let affidavit-in-opposition be filed within February 8, 2019, as prayed for. Reply thereto, if any, be filed within February 12, 2019.
List the writ petition under the same heading on February 13, 2019. Needless to say that, the steps taken by the respondents will abide by the result of the writ petition.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. ) 3