Document Fragment View

Matching Fragments

3. RELEVANT FACTS:-

To appreciate the contentions raised in this proceedings, it is appropriate to set out the facts as stated in the memorandum of Writ Petition, counter affidavits and other documents submitted before the Court.

4. Pleadings in the memorandum of Writ Petition:-

The averments in the memorandum of Writ Petition is that as per Exhibit P1, the 2nd respondent on behalf of the 1st respondent, invited 'Request for Proposal' (RFP) to develop a 'Deepwater Seaport and Container Transshipment Terminal at Vizhinjam, Kerala' (the Project). Qualification Criteria for prospective bidders is submitted as Exhibit P2. Date for submission of bid was fixed as 31.01.2008 by Exhibit P3. The RFP issued to the petitioner is produced as Exhibit P4, wherein the details of the project and procedure for bidding are detailed. The RFP submitted by the petitioner's consortium is produced as Exhibit P5, wherein it is stated that said Consortium's lead member is Zoom Developers, and its members are Portia Management Services and Peter Frankel and Partners. Exhibit P6 is the statement of qualification submitted by the petitioner and Exhibit P7 is its technical proposal. Including the petitioner, five Consortium submitted RFP before the due date and time. Lead members of the other Consortium are:-

ii. In the Consortium Agreement, the signatures of Mr. Peter Martin of Peter Frankel and Partners and Mr. Minoo Pardiwala of Zoom Developers have not been notarized;

iii. The Consortium Agreement needs to be stamped in accordance with law; iv. It needs to be mentioned more expressly in the consortium Agreement that the Lead Member shall hold a minimum equity of 26% in the SPC; v. Portia Management Services has singed Consortium Agreement on behalf of Peel Ports Limited, but Peel Ports Limited is not a Member of Consortium;

vi. Necessary documentations from the various consortium Members authorizing the signatories of the different documents have not been submitted along with the Bid. Petitioner was also requested therein to submit the Annual Reports of all the three parties of the consortium ie; of Zoom Developers, Portia Management Services (its own) and Peter Frankel & Partners.

They are further requested therein to collect the original documents for taking necessary action to meet the above requirements and also requested to resubmit the necessary documents with ten days.

13. In the EC meeting held on 08.04.2008, petitioner's documents were evaluated and the 3rd respondent submitted its observations along with a note requesting to obtain consideration of law department on the following aspects:-

1. Original Consortium Agreement is submitted without notary attestation for the signatures of Mr. Peter Martin of M/s Peter Frankel and Partners and Mr. Minoo Pardiwala of M/s Zoom Developers;
2. Consortium Agreement was not stamped in India;