[05/04, 20:22] sekarreporter1: The Chief Justice Bench of Hon’ble Supreme Court today dismissed the SLP preferred by M/s Overseas Infrastructure Alliance Pvt Ltd against the Judgment of Madras High court which upheld the order of TANGEDCO rejecting the bid.TANGEDCO rejected on the ground that on the date of the bid the tenderer did not have Electrical license which is a prerequisite to 3000 crore 6 packages bidd by M// Overseas Infrastructure Alliance Pvt Ltd.

Mr Shyam Dhivan Senior Advocate for the Petitioner submitted that the petitioner had completed lot of works abroad and gained much experience and the bid documents permitted the overseas companies like petitioner to participate in 6 packages out of 15 packages held in Tamilnadu . He submitted that he secured Electrical license and submitted to TANGEDCO and despite the same the tender of Petitioner was rejected. He submitted that Petitioner has a same certificate issued abroad and their JV Partners were having electrical license and hence the electrical license of one JV partner is as good for the Petitioner. He submitted that rejection is highly illegal arbitrary and Madras High Court order is liable to be set aside .
P. Wilson Senior Advocate appearing for TANGEDCO submitted that the Petitioner is admittedly not holding licence in TN State or neighbouring State on the date of submitting bid. Interestingly even on date of opening of Technical bids he did not secure the licence. He submitted that holding a licence by the tenderer is an essential condition and it is a statutory requirement which cannot be dispensed with under 2023 regulations as well as conditions in the bid documents. Foreign license is immaterial for India as it being essential certificate and eligibility to participate in the Tender. He submitted that in so far as JV is concerned the Petitioner while allocating works among JV partners as per their own documents the only work assigned to JV partners is to fill in the bid documents and submission of the same and nothing else.
He pointed out that JV is entered after applying for the Tender and therefore it didn’t meet the eligibility requirement of bid conditions .
After hearing both sides arguments the bench comprising of Hon’bleChief Justice of India dismissed the SLP.
[05/04, 20:22] sekarreporter1: .

[05/04, 20:22] sekarreporter1: The Chief Justice Bench of Hon’ble Supreme Court today dismissed the SLP preferred by M/s Overseas Infrastructure Alliance Pvt Ltd against the Judgment of Madras High court which upheld the order of TANGEDCO rejecting the bid.
TANGEDCO rejected on the ground that on the date of the bid the tenderer did not have Electrical license which is a prerequisite to 3000 crore 6 packages bidd by M// Overseas Infrastructure Alliance Pvt Ltd.

Mr Shyam Dhivan Senior Advocate for the Petitioner submitted that the petitioner had completed lot of works abroad and gained much experience and the bid documents permitted the overseas companies like petitioner to participate in 6 packages out of 15 packages held in Tamilnadu . He submitted that he secured Electrical license and submitted to TANGEDCO and despite the same the tender of Petitioner was rejected. He submitted that Petitioner has a same certificate issued abroad and their JV Partners were having electrical license and hence the electrical license of one JV partner is as good for the Petitioner. He submitted that rejection is highly illegal arbitrary and Madras High Court order is liable to be set aside .
P. Wilson Senior Advocate appearing for TANGEDCO submitted that the Petitioner is admittedly not holding licence in TN State or neighbouring State on the date of submitting bid. Interestingly even on date of opening of Technical bids he did not secure the licence. He submitted that holding a licence by the tenderer is an essential condition and it is a statutory requirement which cannot be dispensed with under 2023 regulations as well as conditions in the bid documents. Foreign license is immaterial for India as it being essential certificate and eligibility to participate in the Tender. He submitted that in so far as JV is concerned the Petitioner while allocating works among JV partners as per their own documents the only work assigned to JV partners is to fill in the bid documents and submission of the same and nothing else.
He pointed out that JV is entered after applying for the Tender and therefore it didn’t meet the eligibility requirement of bid conditions .
After hearing both sides arguments the bench comprising of Hon’bleChief Justice of India dismissed the SLP.
[05/04, 20:22] sekarreporter1: .

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