In a relief to a Chennai-based drone and other equipment supplier, a Division Bench of the Bombay High Court has allowed the company to submit its bid in a “sealed cover” in a view of a challenge to a tender process of a Maharashtra government entity.
The petitioner, Vishnusurya Projects & Infra Pvt. Ltd., had filed a writ petition in the HC alleging Mahila Arthik Vikas Mahamandal, a corporation established and owned by Maharashtra and Yavatmal district in-charge of the corporation of indulging in restrictive practices against the “sprit of open tender.”
The district level entity had invited bids for purchase of 16 agricultural drones with a payload of 10 litres and the tender notice had a specific condition that required the seller to be from Maharashtra state.
“This condition is anti-competitive and restrictive to bidders from outside Maharashtra to participate in the bid process and therefore the petitioner is not able to submit its bid,” the petition said.
Justice Rohit B Deo and Justice Y.G. Khobragade of the Nagpur bench of Bombay High Court in a recent order allowed the petitioner to submit its tender.
The judge held “We direct that the petitioner submits its bid, the same shall be accepted and kept in a sealed cover. The submission of the bid and further steps which may be taken pursuant to the tender notice [which has been challenged] subject to further orders.”
The HC has issued notice for final disposal of the case on March 9, 2023. The respondents have been asked to file their reply, if any, by March 3, 2023.
The petitioner has challenged the tender notice “as the conditions were so mentioned only to suit some chosen supplier and to eliminate competition from other suppliers operating in the country.”
Seeking to set aside the tender notice, the petitioner said it was contrary to “public policy and interest of the Public Exchequer and therefore deserves to be quashed.”
“DGCA has approved only one model of drone with 10 litre capacity of only one company in the small category under 25 kg. The act of the respondents of mentioning the condition of 10 litre with small category and under 25 kg alone points out that the condition is being put to favour the only company and to keep away all suppliers,” the petition said.
