Chennai. The Madras High Court on Tuesday restrained the Tamil Nadu Generation and Distribution Corporation (Tangedco) from opening the techno-industrial and worth bids obtained for a ₹1,330 crore price tender for the provision of 20 lakh tonnes of imported steam coal of any origin to be delivered on the Kamarajar port at Ennore close to right here between May 2021 and May 2022.
Justice B. Pugalendhi directed Tangedco to defer the bid opening date, initially scheduled for Tuesday, till he passes obligatory orders on a writ petition that had challenged the tender notification issued on February 8 calling for bids inside 15 days from home bidders on the fee of ₹13 crores, or $1,756,757 by overseas bidders, in the direction of earnest cash deposit.
The decision additionally gave the freedom to Tangedco to difficulty a corrigendum and lengthen the final date for submission of bids by 15 extra days, if it was suggested to take action. The interim orders had been handed on a writ petition filed by a non-public agency, which claimed that it was a statutory requirement to grant a minimal of 30 days to submit bids for such an excessive worth tender.
Senior counsel Satish Parasaran, representing the petitioner firm, mentioned Rule 20 of the Tamil Nadu Transparency in Tender Rules requires a minimal of 30 days time to be given for submission of bids for tenders valued over ₹2 crore. However, the rule had not been adopted in letter and spirit by Tangedco, regardless of calling for a ₹1,330 crore tender, he mentioned.
In its affidavit, the petitioner firm alleged that Tangedco was displaying undue haste in finalizing the tenders, without even calling for a pre-bid assembly, “probably due to the impending announcement of model code of conduct for the upcoming State election.” It additionally questioned in regards to the necessity for importing coal in May when wind power manufacturing can be at its peak.
Claiming that thermal energy stations can be shut down throughout May, the petitioner mentioned, “That being the case, there is no reason for the present tender to be called with such undue haste by flouting all gender norms.” It additionally claimed that the tender circumstances had been in order that they might exclude the participation of Indian companies and promote solely overseas bidders.
On the opposite hand, Advocate General Vijay Narayan questioned the maintainability of the writ petition and contended that an organization that was not even certified to take part within the bidding course couldn’t be allowed to query the tender. He mentioned the petitioner firm had not supplied any particulars relating to its eligibility within the affidavit filed in assist of the writ petition.
He identified that solely firms with a turnover of ₹335 crores in any one of many monetary years between 2017-18 and 2019-20 and people who had equipped 5 lakh tonnes of imported steam coal to public sector undertakings or non-public energy utilities in any of these three years had been eligible to submit their bids for the ₹1,330 crore tender.
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