Bombay HC dismisses Tata Motors’ plea challenging BEST’s decision

An outer view of Bombay High Court

An outer view of Bombay High Court | Photo Credit: VIVEK BENDRE

The Bombay High Court on Tuesday upheld the decision of the Brihanmumbai Electric Supply and Transport (BEST) plying in the city and its adjoining areas, disqualifying Tata Motors from the tender process for 1,400 electric buses.

A Division Bench of Justices S.V. Gangapurwala and Madhav Jamdar had reserved the order on June 7 in a plea filed by Tata Motors stating that it [Tata Motors] had participated in the tender process but the bid was disqualified by BEST due to some technical suitability evaluation.

The Bench dismissed the plea and held that BEST had rightly disqualified Tata Motors and that its decision was final and binding. The Bench also added if any discrepancies occurred in the allocation of the tender, then BEST must consider issuing a fresh tender.

The company had challenged the bidding process in court on May 10, contending that the technical bid was arbitrarily rejected and the company that won was favoured, it alleged. However, BEST had denied the allegations and said it had followed due process in giving the tender.

On February 26, 2022, an e-tender notice was issued by BEST for two-bid e-tender for the operation of stage carriage services for 1,400 single decker AC electric buses for Mumbai and its suburbs. On April 25, Tata Motors had submitted its technical and financial bid. However, on May 6, BEST had published a technical suitability evaluation of the tender and declared Tata Motors’ bid as “technically non-responsive and the deviation mentioned in respect of operating range was not acceptable”.

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Printable version | Jul 6, 2022 1:47:46 am |