BMC invites bid to concretise roads for 3rd time, HC asks it not to oust RSIIL from tender process till Feb 8
Asking BMC not to oust the firm from tender process on the said ground, The HC will hear the plea next on Thursday, February 8.
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The Bombay High Court recently asked the BMC not to oust M/s Roadway Solutions India Infra Ltd (RSIIL) till February 8 from the tender process initiated as per fresh notice of January 31 for contract to improve and concretise various roads in the island city. The Brihanmumbai Municipal Corporation (BMC) has issued a tender for the said work for the third time after it terminated two previous tenders/contracts, which were issued last year.
The HC permitted the petitioner firm to submit its bid in wake of January 31 tender notice, which was published on February 1, for strengthening and concreting of roads and concreting in island city. As per fresh tender notice, the date of submission of bids is up to February 20.
A single-judge bench of Justice Bharati H Dangre on February 2 passed an order in an arbitration plea by RSIIL seeking interim relief of staying the effect and operation of the BMC’s January 25 order of termination of contract.
A division bench led by Justice Gautam S Patel on January 30 had rejected the firm’s plea challenging the January 25 order that had imposed Rs 64 crore penalty to be paid within a month and had asked the parties to resolve the issue through arbitration. The civic body had also forfeited RSIIL’s contract deposit and earnest money deposit (EMD).
The BMC had passed the January 25 order after Justice Gautam S Patel-led bench had directed its Commissioner to nominate a high ranking officer to provide a hearing to RSIIL, which was denied earlier while terminating the contract in November, last year.
The BMC had held that the RSIIIL did not have ability or interest in actually carrying out works and therefore the contract awarded to it was terminated.
On February 2, senior advocate Janak Dwarkadas for the firm told Justice Dangre that eligibility criteria in e-tender notice contained that even if the bidder met with the qualifying norms, it shall be disqualified in case of past record of poor performance. Dwarkadas said the past performance included abandoning the works, non completion of the contract, inordinate delays in completion or financial failures etc.
The firm understood that its bid may not be accepted in view of the January 25 decision and it may be deemed as disqualified. Dwarkadas also said the tender notice contained a specific procedure for blacklisting or debarring the contractor. However senior advocate Anil Singh for BMC submitted that as on date, no such action was initiated.
The bench allowed the petitioner to submit its bid under new tender notice and stated, “The bid, so submitted shall be due for consideration, as the tender specification on technical and other stipulation, unless there is any action initiated for blacklisting or for debarring.”
Asking BMC not to oust the firm from tender process on the said ground, The HC will hear the plea next on Thursday, February 8.
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