CNB LOGITECH PVT LTD vs CENTRE FOR RAILWAY INFORMATION SYSTEMS
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6089/2024
CNB LOGITECH PVT LTD ….. Petitioner
Through: Mr. Anand Dilip Landge and Mr. Avineesh Jha, Advocates
versus
CENTRE FOR RAILWAY INFORMATION
SYSTEMS ….. Respondent
Through: Mr. Chandan Kumar, Advocate with Ms. Kirti Atri, Advocates
% Date of Decision: 02nd May, 2024
CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. The present writ petition has been filed seeking a direction to the Respondent to permit the Petitioner to participate in the tender called for supply, installation, commission, operation and maintenance of GPS SETS ON FREIGHT WAGONS OF INDIAN RAILWAY with seven (7) years warranty.
2. Learned counsel for the Petitioner states that in accordance with the Notice Inviting Tender (NIT), the Petitioner prepared all requisite documents to participate and in this regard, it authorised its officer to upload all the documents on 11th April, 2024 before 3:30 P.M. He states that though several attempts were made to upload the bid documents, there was a system error and the Petitioner was unable to upload its bid. He states that the Petitioner reached out to the help desk of the Respondent on 11th April, 2024 and raised a complaint as regards the system errors. He states that the Petitioner followed up with the Respondent between 12th April, 2024 to 16th April, 2024, seeking permission to submit the bid, however, no reply has been received.
2.1. He states that the willingness of the Petitioner to participate in the bidding process is evident from the fact that it executed a consortium agreement with two more entities on 10th April, 2024 and immediately, took steps for obtaining a fixed deposit of Rs. 50 lacs in favour of the Respondent towards deposit as earnest money. He states that, however, the Petitioner learnt that a fixed deposit is not acceptable and, therefore, on 11th April, 2024, made an electronic transfer of Rs. 50 lacs in favour of Respondent towards EMD.
3. In reply, learned counsel for Respondent states that the last date for submission of bids was 11th April, 2024 by 3:30 P.M. He states that the Respondent has received fourteen bids and there has been no complaint of any system errors. He states that a perusal of the e-mails filed by Petitioner shows that the first e-mail alleging the system error was issued on 11th April, 2024 post 3:30 P.M. He states that as per the terms of the NIT, no bid can be accepted by Respondent after the closing of the bid. He states that the Petitioner is not entitled to the reliefs sought in this petition.
4. He states that the amount of Rs. 50 lacs received by electronic bank transfer shall be returned to the Petitioner. He states that the fixed deposit receipt of Rs. 50 lacs has not been encashed by the Respondent and the Petitioner is at liberty to encash it with its banker.
5. We have heard the learned counsel for the parties and perused the record.
6. The initial date for closing of the tender was 1st March, 2024, which was extended to 27th March, 2024 and finally to 11th April, 2024 at 03:30 P.M. The Petitioner thus had sufficient time to prepare and submit the bid within the stipulated time.
7. The submission of the Respondent that fourteen bids have been received before the closing of the NIT on 11th April, 2024, belies the submission of the Petitioner of system errors at the Respondents end on 11th April, 2024.
8. The first e-mail dated 11th April, 2024 filed by the Petitioner complaining about a system error was issued to the Respondent at 03:51 P.M., which is beyond the scheduled time for closing i.e., 03:30 P.M. There are no grounds made out for permitting the Petitioner to participate in the bidding process at this belated stage. The bids closed on 11th April, 2024; which is more than three weeks ago and the present petition has been filed with no sense of urgency. We accordingly, find no merit in the relief sought in this petition.
9. At this stage, learned counsel for the Petitioner states that he would be satisfied if appropriate directions are issued to the Respondent for refund of EMD. We accordingly, direct the Respondent to refund the EMD of Rs. 50 lacs deposited by the Petitioner on 11th April, 2024 electronically, within two weeks, as per the receipt filed at Annexure P-91. With respect to the fixed deposit receipt of Rs. 50 lacs made on 10th April, 2024 and filed on record as Annexure P-92, the Petitioner is directed to have the same encashed with its banker.
10. With the aforesaid directions, the present petition stands disposed of alongwith pending applications.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
MAY 2, 2024/rhc/aa
Click here to check corrigendum, if any
1 At page 263
2 At page 261-262
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