Tci Shipping vs Union Of India (Uoi) And Anr.
2002 Latest Caselaw 1020 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

With the consent of the parties, writ petition is taken up for disposal.

2. Petitioner in this case has challenged the award of contract to respondent No. 2 for transportation of 10,000 Metric Tonnes of MOL Choption Foodgrains/sugar by sea, from Vishakapatnam to Port Blair. The grievance of the petitioner is that contracts are being awarded to the respondent No. 2 repeatedly, despite persons like the petitioner and other bidders being fully eligible and having better tonnage capacity and offering reasonable rates.

3. Petitioner claims that he was also eligible having the ships and tonnage of the requisite capacity in the present case. The respondent did not accept the offer of petitioner and others.

4. Learned counsel for Union of India, Mr. Luthra, opposing the writ petition submits that one of the ships of the petitioner was with the capacity of 1229 MT, which was less than 2,000 and 3,000 Metric Tonnes as required and stipulated. Besides, it is stated that the petitioner had quoted rate of Rs. 890/- per metric ton for foodgrains, Rs. 750/- per Metric Ton for transportation of Sugar. The contract has been awarded to respondent No. 2 at the rate of Rs. 830/- per Metric Ton for foodgrains and Rs. 595/- per Metric Ton for sugar. In these circumstances, petitioner is not entitled to any relief in the instant case.

5. Learned counsel for petitioner next contended that the rates of the petitioner and others were and are revealed to respondent No. 2, who gives a better offer. The genuine apprehension of petitioner is that the bids as given by the petitioner and the other bidders are disclosed to respondent No. 2, thereby violating the sanctity of the bid process. Learned counsel for the respondents while refuting allegations of revealing the bids of rates of the petitioner and other bidders to respondent No. 2 submitted that due to the urgency and exigencies of nature of requirements, it is not possible or practical to follow the system of inviting public tenders by advertisement and following the procedure for sealed tenders. It has been put to learned counsel for respondents that nevertheless with a view to ally such apprehensions of the other bidders, the respondents could consider inviting bids and offers even though from the select panel of suppliers of shippers in sealed covers and opening them at the designated time and place in the presence of bidders or their representatives so that the bid process is transparent and the sanctity of the same is preserved. Learned counsel for the respondents submits that the respondents would keep the observations made by the Court in mind and endeavor to adhere to the same.

Writ petition stands disposed of.