IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4996 OF 2019 (GM-TEN) BETWEEN:
Adani Enterprises Ltd. Having its Office at Adani House Plot No.83, Institutional Area, Sector 32 Gurugram - 122 001 NCR India Represented by Mr.Rajasekar C, Associate General Manager.
(By Dr.Aditya Sondhi, Sr.Advocate for Sri.Ricab Chand, Advocate and Sri.Kaushik Moitra, Advocate) AND:
Karnataka Power Corporation Limited A Government of Karnataka Enterprises Shakthi Bhavan, 82, Race Course Road, Bengaluru – 560 001.
Represented by its Chief Engineer (fuels) (By Sri.Ajaya J. Nandalike, Advocate) … Petitioner … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of mandamus to the respondent to consider the representation made by email dated 21.1.2019 (Annexure-G) and 22.01.2019 (Annexure-H) and extend the date to file the bid documents and allow the petitioner to file the bid documents in the e-portal of the respondent and etc.
This Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Dr.Aditya Sondhi, learned Senior counsel for Sri.Ricab Chand and Sri.Kaushik Moitra, learned counsel for the petitioner.
Learned counsel Sri.Ajaya J. Nandalike, is permitted to file vakalath on behalf of respondent.
The petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter-alia seeks for a writ of mandamus directing the respondent to consider the representation submitted by the petitioner vide e-mails dated 21.01.2019 and 22.01.2019 and to extend the date to file the bid documents and allow the petitioner to file the bid documents in the e-portal of the respondent. The petitioner also seeks for a writ of mandamus directing respondent to provide him an opportunity to participate in the tender floated by the respondent.
3. The facts giving rise to filing of the writ petition briefly stated are that respondent on 07.01.2019 floated a tender for Import and Supply of Coal for Yermarus Thermal Power Station (YTPS) of Raichur Power Corporation Limited (RPCL) and Raichur Thermal Power Station (RTPS) and Bellary Thermal Power Station (BTPS) of Karnataka Power Corporation Limited. As per the schedule prescribed in the notice inviting tender, the last date for submission of the technical as well as financial bid through online was 21.01.2019. It is the case of the petitioner that even though he was able to submit the technical bid through online, however, he was unable to upload the financial bit on the web portal of the respondent. It is pleaded in the writ petition that on account of certain technical glitches, the petitioner was precluded from participating in the tender in question.
4. In the aforesaid factual background, the petitioner has approached this Court seeking the relief as stated supra.
5. Learned Senior Counsel for the petitioner submitted that only one bidder has submitted the bid and in case the petitioner is not allowed to submit the bid, there would be no competition. It is further submitted that in case on account of certain technical reasons, if it is not possible for this Court to issue a direction to the respondent to permit the petitioner to submit its bid online, then the petitioner be permitted to submit the technical as well as financial bid offline and the petitioner shall do so within a period of two days from today.
6. On the other hand, learned counsel for respondent has fairly admitted that only one bidder has submitted the bid. However, it is denied that on account of technical glitches the petitioner could not submit the tender.
7. I have considered the submissions made by learned counsel for the parties.
8. Admittedly, the contract has a public element and only one bid has been received in response to the notice inviting tender dated 07.01.2019. Therefore, in the peculiar facts of the case, without going into the questing whether or not the petitioner could not submit its technical bid and financial bid on account of certain error, which had crept in the system, I am inclined to permit the petitioner to submit the technical bid and financial bid offline within a period of two days from today specially taking into account the fact that only one bid has been received by the respondent. This direction is being issued with a view to bring in an element of competition and to prevent monopoly in the matter of bidding.
9. It is needless to state that in case the petitioner submits the technical bid and financial bid within a period of two days from today, the aforesaid bid shall be considered by the respondent as per the terms and conditions of the notice inviting authority.
With the aforesaid directions, the writ petition is disposed of.
Sd/- JUDGE dn/-