August 13, 2022

In a setback for Tata Motors, the Bombay Excessive Court docket on Tuesday upheld its disqualification by the BEST from a young bid for working electrical buses for being “technically unresponsive”.

A division bench of Justices SV Gangapurwala and Madhav Jamdar dismissed the petition filed by Tata Motors difficult BEST’s Could 6 determination disqualifying the latter from the tender for 1,400 electrical buses on account of alleged deviation from Tender specs.

The tender was subsequently awarded to Evey Trans Pvt Ltd.

The HC has, nonetheless, held that the bid of Evey Trans Pvt Ltd “responsive” by the BEST, was incorrect and instructed BEST to subject recent tender if required.

The bench stated: “The Petitioner (TATA) was rightly disqualified. It’s also held that the choice of BEST to carry Evey Trans responsive is wrong. Evey can be held non-responsive. BEST could, if required, subject recent tender.”

On February 26, BEST revealed an E-Tender Discover for two-bid e-tender for operation of Stage Carriage Companies for public transport of 1,400 (+50% variation) in single decker AC electrical buses (with driver) within the metropolis of Mumbai and suburbs.

Tata submitted its bid on April 25, which was disqualified on Could 6. Tata had challenged this earlier than the HC.

Counsels for Tata, Senior Advocate Abhishek Manu Singhvi briefed by Karanjawala & Co. and Lexicon Legislation Companions, contended that it had submitted the technical and monetary bid for the tender after a pre-bid assembly during which it had requested BEST to change sure tender specs, which BEST did based mostly on the suggestion.

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In the meantime, BEST revealed the technical suitability analysis of the tender and declared Tata’s bid as ‘technically non-responsive’. Tata alleged that BEST’s determination was arbitrary as that they had selectively relaxed circumstances of the tender for Evey Trans Pvt Ltd, by permitting interruption in charging time and waiving off the necessities of matching of charges for analysis of bids.

Contemplating there was no keep on the method, BEST’s counsel Venkatesh Dhond contended earlier than the HC that it had issued Letters of Acceptance to Evey Trans Pvt Ltd.

BEST additional alleged that Tata Motors was attempting to amend its bid by submitting petition earlier than the HC and urging that the identical be declared as ‘technically responsive’. BEST affidavit acknowledged that, Tata Motors now by stating in petition that it’s accepting the tender circumstances, “is attempting to amend its bid and attempting to argue that now their bid which was no so, now must be ‘technically responsive’ and it must be thought of”.

Official spokesperson for Evey Trans Pvt Ltd stated that they are going to be difficult the order earlier than the Supreme Court docket.

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