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2013 DIGILAW 1347 (BOM)

S. K. Mehta and Company v. Maharashtra Industrial Development Corporation

2013-07-18

ANOOP V.MOHTA, Z.A.HAQ

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Judgment : (AnoopV. Mohta, J.) 1] Rule returnable forthwith. Heard the learned Counsel for the parties finally by consent. 2] The petitioner which is a company engaged in the business of constructing and maintaining roads has prayed to extend the date of submission of tender form with respect to Nagpur (Butibori) Industrial Area providing asphalting treatment to main road A & B at least by one month so that the petitioner will be able to fairly compete in the bid and further prayed to grant an opportunity to raise queries on the new condition imposed by the respondent. A prayer is also made for ad-interim relief to extend the date of submission of tender forms which is 19.7.2013. The petition is filed on 18.7.2013. 3] The respondent and/or such other authorities are within their exclusive domain to invite tenders based upon the terms and conditions which they decide to circulate/ declare. No one else even otherwise dictates their terms and/or conditions of any commercial contract/tender. The last date of receiving of queries was 4.7.2013 and the date of uploading of reply to the queries was 8.7.2013. The display of blank tender forms have dates ranging from 20.6.2013 to 14.7.2013. These dates are over. 4] To the petitioner's queries, the respondents have answered and clarified their stand/position. However, they have added certain new terms and conditions by modifying the earlier declared terms and conditions, on 9.7.2013. The last date of filing and opening of the form/tender on additional terms is 19.7.2013. 5] The submission that no opportunity whatsoever was given to the petitioner and/or similarly situated persons to raise the queries in view of the additional conditions so added, in our view, is no reason to disturb the declared date to invite tenders. Even otherwise, it is difficult for the Court to consider at this stage the reason for such modification. It is always possible, considering the facts and circumstances and as the situation so demands to expedite the proceedings and to invite genuine tenderer/contractor and policy decision taken to curtail the period from 12 months to 6 months and increase the annual turnover from 2019 lakhs to 4000 lakhs with additional requirement of audited figures of turnover for continuous three years from 2009 to 2013. These terms cannot be stated to be unreasonable and with malafide intentions also. These terms cannot be stated to be unreasonable and with malafide intentions also. The submission, that in view of these sudden changed terms and conditions, the petitioner just cannot compete with others for want of time, is also no reason to interfere with the tender process so initiated by the respondent. In the present case, the petitioner could not and will be unable to compete for want of time, as there is no possibility to file tender through the “joint venture” is also unacceptable situation. The terms were modified on 9.7.2013. The last date is 19.7.2013. There is nothing on record to show the mandatory requisite time gap for such situation. 6] The tender is invited for all. The offer, therefore, if not possible to accept by the parties/contractors and/or person interested, the Court cannot dictate terms and postpone the situation and/or direct them to amend or restore the terms and conditions in a writ jurisdiction, basically at this late stage of the tender procedure, merely because the respondent is a public corporation. 7] The averments with regard to the alleged malafide intention and/or of arbitrariness just cannot be tested, especially when the petitioner has not asked for quashing of those terms and conditions including the tender in question. The prayer is only to extend the date of submission of the tender form. 8] Therefore, taking overall view of the matter and as there is no case made out, the petition is dismissed. 9] Rule stands discharged. There will be no order as to costs.