Mumbai: The Bombay high court (HC) on Tuesday dismissed the petition filed by Tata Motors, challenging the disqualification of their bids for supplying 1,400 electric buses to the Brihanmumbai Electricity Supply and Transport (BEST).
The HC also held that the decision of the civic undertaking to approve bids of Evey Trans company to supply 2,100 electric buses was incorrect and that BEST should consider conducting a new tender process.
The division bench of justice SV Gangapurwala, and justice Madhav Jamdar had heard the petition by Tata Motors, challenging the May 6 decision of BEST to hold their bid technically unresponsive for providing 1,400 electric buses. The bench had concluded the hearing of the arguments on June 7.
On Tuesday, while dictating the operative part of the order, the bench observed, “The Petitioner (TATA Motors) is rightly disqualified. It is also held that the decision of BEST to hold Evey Trans responsive is incorrect. Evey Trans is also held non-responsive. BEST may, if required, issue fresh tender.”
In the petition filed through Karanjawala & Company and Lexicon, Tata Motors had challenged the subsequent issuance of a Letter of Acceptance by BEST to another bidder Evey Trans Pvt Ltd. The BEST undertaking on May 6 held the company’s bid for supplying 1,400 electric buses non-responsive on account of alleged deviation from tender specifications.
Tata Motors had further argued that though they had filed their bid in consonance with the tender specifications, their offer was rejected on technical deviations.
Tata Motors submitted that it was the number one electric bus manufacturer in the country and was counted as the second biggest manufacturer of electric buses globally and the other bidders were only leasing companies which sourced their vehicles from other manufacturers. Hence, their bid should have got precedence over the other bidders.
However, BEST in its affidavit in response to the petition filed through Deepak Kottari, stated that the tender submitted by Tata Motors was not as per the format and schedule prescribed in the tender application document.
The affidavit further stated that the petitioner had sought certain deviations in the tendering process which could not be allowed. The court was further informed that as it had not granted any relief to the petitioners, BEST had in the meantime gone ahead with the tendering process and issued Letters of Acceptance to another bidder for supplying 2,100 electric buses.
The affidavit also referred to the March 11 pre-bid meeting wherein the petitioner had sought certain deviations in the tender but the same was rejected along with the deviations requested by other applicants and the same was conveyed through the minutes of the meeting. However, Tata Motors had filled the tender as per the deviations sought by them in the meeting and hence their application had been rejected and there was nothing wrong on the part of BEST in rejecting the bid of Tata Motors on that ground.