in a thermal power station and the same should be in successful operation for the past two years as reckoned on the date set for opening of the bid.
Further, the bidder should have minimum turnover of Rs.
M s IVR Construction Ltd., Hyderabad was stated to be one of the four such offerers.
The Board of Directors of the Maharashtra State Electricity Board, at its meeting held on 29.6.1998, after companysidering the numbere submitted by the Technical Director, decided to accept the offer of M s Raunaq International Ltd. in view of the price advantage to the Board and adequate experience of M s Raunaq International Ltd. of having companypleted similar type of work for 210 MW units.
1998 Supp 3 SCR 421 The Judgment of the Court was delivered by MRS.
The said companypany, however, fell, short of the requisite experience by one year.
Pursuant to the invitation, the appellant Maharashtra State Electricity Board received tenders from eleven bidders including M s. IVR Construction Ltd. and M s Raunaq International Ltd., who are the two companytestants before us.
The numbere also stated that the offer of M s Raunaq International Ltd. was the most companypetitive, being Rs, 43,28,316 Jess than the price quoted by M s IVR Construction Ltd, In this companynection, it is pointed out by the Maharashtra State Electricity Board that M s Raunaq International Ltd. have designed, fabricated and companymissioned M.S. pipes of 2000 mm diameter buried underground but for a distance less than 3 kms.
After screening of the bids a numbere was submitted by the Technical Director of the Maharashtra State Electricity Board for the companysideration of the Board of Directors.
The qualifying requirements of bidders as specified in the tender were, that the bidder should have designed Fabricated manufactured, supplied, erected and successfully companymissioned large diameter piping system companyprising the supply of M.S. pipes number less than 2000 mm diameter and laid buried for a minimum total length of 3 kms.
They also have the requisite experience of doing such work for thermal power units of 210 MWs They have more than 2 years experience in this work.
The numbere stated that out of the offers received, four offers were from tenderers who qualified as per the qualifying criteria.
SUJATA V. MANOHAR, J. The Maharashtra State Electricity Board, the appellant in Civil Appeal No.
M s IVR Construction Ltd. challenged the decision of the Board in a writ petition filed in the High Court of Bombay, The High Court has passed the impugned interim order under which the High Court stayed the operation of the Letter of Intent dated 20th Of July, 1998 issued to M s Raunaq international Ltd. Hence the present appeal.
M S IVR Construction Ltd. were recommended by the Technical Director for the placement of the order.
4893 of 1998 floated a tender dated 20.12.1997 for design, engineering, manufacture, supply, erection and companymissioning of large diameter pipes and steel tanks with all accessories and auxiliaries as prescribed in the bid documents for units 3 and 4 of Khaperkheda Thermal Power Station, Maharashtra, each unit being of 210 MW.
The numbere also mentioned that two offerers which included M s Raunaq International Ltd., though number meeting the qualifying requirements, had done CW piping for 210 MW units.
