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Tata Motors had challenged its disqualification from the tender of award of 2100 EV buses floated by BEST and challenged the award of tender to Evey Trans.
A Division Bench of the Bombay High Court comprising Justices S.V. Gangapurwala and Madhav Jamdar has canceled the contract of 2100 electric buses awarded to Evey Trans. The bench has held that the decision of Brihanmumbai Electricity Supply and Transport (BEST) to hold Evey Trans’ bid as responsive is incorrect and BEST, may if required, issue fresh tender.
The above was held in the petition filed by Tata Motors against its disqualification from the tender of award of 2100 EV buses floated by BEST.
Tata Motors had challenged the award of the tender on the ground that two hours before the technical evaluation, BEST allowed Evey Trans to change its bid. The plea alleged that the action of BEST is in complete disregard of tender conditions which put a specific embargo, on any changes to the technical bid after the opening of the technical bid. It has further been pleaded that during the evaluation of the technical bid there was a clear prohibition in the tender on bidders on unduly influencing BEST by contacting it on any matter relating to its bid from the time of bid opening until the time the contract is awarded.
According to the plea, BEST allowed Evey Trans to correct its bid after the bid was opened on May 4, 2022 knowing that its bid, as it stood on the bid opening date, would suffer rejection on account of the deviation in its undertaking on the operating range. Tata Motors had urged the Court to take a stern view on the favour extended by BEST to Evey Trans and preserve the sanctity of the tender process.
On the issue of disqualification of Tata Motors, the Court has upheld its disqualification from the said tender. However, if BEST floats a fresh tender pursuant to today’s judgment, Tata Motors will be able to bid afresh in the new tender so floated.
The team of Tata Motors was represented by Dr. Abhishek Singhvi, Senior Advocate, assisted by Ashish Kamath, Advocate and team of Karanjawala & Co., Advocates led by Nandini Gore, Senior Partner, along with Aditi Bhatt and Sarthak Gaur. Venkatesh Dhond, Senior Advocate appeared for BEST. Somasekhar Sundaresan, Advocate appeared for Evey Trans Pvt Ltd.
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