, 1999 (1 )ARBLR431 (SC ), I (1999 )BC418 (SC ), 1999 (101(1) )BOMLR711 , 1999 (80 )ECR279 (SC ), 1998 INSC 468 , JT1998 (8 )SC 411 , 1999 -1 -LW236 , 1999 (1 )MhLj98 , 1998 (6 )SCALE456 , (1999 )1 SCC492 , [1998 ]Supp3 SCR421 , 1999 (1 )UJ600 , ,MANU/SC/0770/1998
S.V. Manohar#B.N. Kirpal#2807SC3250Judgment/OrderAIR#AllMR#ArbLR#BC#BomLR#ECR#INSC#JT#LW#MANU#MhLJ#SCALE#SCC#SCR(Supp)#UJS.V. Manohar,Capital Goods/ Engineering#Capital Goods/ EngineeringSUPREME COURT OF INDIAAdministrative Action#Balance of Convenience#Bona Fide Reason#Civil Appeal#Collateral#Condition#Consideration#Government Agency#Government Grant#Hardship#Interim Order#Letter of Intent#Limitation#Public Interest#Public Interest Litigation#Public Purpose#Restitution2014-4-25Tender,Temporary Injunction,Tender Miscellaneous,Right to Equality,Fundamental Rights,Constitution of India,Law of Injunction17163,16939 -->
MANU/SC/0770/1998
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 4892 of 1998
Decided On: 09.12.1998
Appellants: Raunaq International Limited Vs. Respondent: I.V.R. Construction Ltd. and Ors.
Hon'ble Judges/Coram:
S.V. Manohar and B.N. Kirpal JUDGMENT
S.V. Manohar, J.
1. The Maharashtra State Electricity Board, the appellant in Civil Appeal No. 4893 of 1998 floated a tender dated 20.12.1997 for design, engineering, manufacture, supply, erection and commissioning of large diameter pipes and steel tanks with all accessories and auxiliaries as prescribed in the bid documents for units 3 and 4 of Khaperkheda Thermal Power Station, Maharashtra, each unit being of 210 MW. The qualifying requirements of bidders as specified in the tender were, that the bidder should have designed fabricated/manufactured, supplied, erected and successfully commissioned large diameter piping system comprising the supply of M.S. pipes not less than 2000 mm diameter and laid/buried for a minimum total length of 3 kms. in a thermal power station and the same should be in successful operation for the past two years as reckoned on the date set for opening of the bid. Further, the bidder should have minimum turnover of Rs. 7.5 crores per annum for the last 3 consecutive years.
2. Under Clause 1.4 of the qualifying criteria, it was provided :
'Notwithstanding anything stated above the Owner reserves the right to assess the Bidders' capability and capacity to perform, should the circumstances warrant such an assessment in the overall interest of the owner.'
Pursuant to the invitation, the appellant-Maharashtra State Electricity Board received tenders from eleven bidders including M/s. IVR Construction Ltd. and M/s. Raunaq International Ltd., who are the two contestants before us. After screening of the bids a note was submitted by the Technical Director of the Maharashtra State Electricity Board for the consideration of the Board of Directors. The note stated that out of the offers received, four offers were from tenderers who qualified as per the qualifying criteria. M/s. IVR Construction. Ltd., Hyderabad was stated to be one of the four such offerers. The note also mentioned that two offerers which included M/s. Raunaq International Ltd., though not meeting the qualifying requirements, had done CW piping for 210 MW units. M/s. IVR Construction Ltd. were recommended by the Technical Director for the placement of the order. The said company, however, fell, short of the requisite experience by one year. The note also stated that the offer of M/s. Raunaq International Ltd. was the most competitive, being Rs. 43,28,316 les........