tender submitted by the petitioner and it is not
open to the respondent to invoke Clause 3.9.1 (vii) of tender and impose a
ban ... fully justified in invoking
Clause 3.9.1(vii) (e) of tender for imposing ban of two years on the petitioner
for its fault of submitting
report based on which the ONGC has imposed the ban on participation in future tender for a period of two years. It is stated that ... current tender held on 17.03.2011.
e. In all previous tenders, the condition being followed was to give effect to the ban order from the date
amount of Rs.10,00,000/- deposited against
the tender and also banning our Company for two years from participating
in any tenders of NTPL ... amount
of Rs.10,00,000/- deposited against the tender and also banning the
Company for two years from participating in any tenders of NTPL
bids and it reads as follows:
"29.0 REJECTION OF BIDS
The tender shall be rejected if it is:
i. Not in the prescribed form ... time before acceptance of tender, the tender accepting authority receives information that a tenderer who has submitted tender has been banned by any procuring entity
that a proper patta has been tendered, as the parties may dispense with them but, where as here tender of a proper patta is alleged ... decree for rent does involve the decision that a proper patta ban been tendered,
3. Apart from any question as to the terms
price bids and selection of the highest
bidder (H1), the Tender Inviting Authority should intimate,
https://www.mhc.tn.gov.in/judis ... Tender Inviting Authority, then the bidders will perpetually be
banned/blacklisted to participate in subsequent tenders of
TASMAC in addition to forfeiture of the Earnest
price bids and selection of the highest
bidder (H1), the Tender Inviting Authority should intimate,
https://www.mhc.tn.gov.in/judis ... Tender Inviting Authority, then the bidders will perpetually be
banned/blacklisted to participate in subsequent tenders of
TASMAC in addition to forfeiture of the Earnest
price bids and selection of the
highest bidder (H1), the Tender Inviting Authority should
intimate, within 24 hours, the successful bidder (H1) about
the selection ... Tender Inviting Authority, then the bidders will perpetually
be banned/blacklisted to participate in subsequent tenders of
TASMAC in addition to forfeiture of the Earnest
price bids and selection of the
highest bidder (H1), the Tender Inviting Authority should
intimate, within 24 hours, the successful bidder (H1) about
the selection ... Tender Inviting Authority, then the bidders will perpetually
be banned/blacklisted to participate in subsequent tenders of
TASMAC in addition to forfeiture of the Earnest
consequent impugned order of the second
respondent banning the petitioner firm participating in future tenders of
TENGEDCO, TANTRANSCO and TNEB Ltd for the next five ... well as the final order, dated
02.08.2019 banning them from participating in future tenders for the next
five years in this Writ Petition
