Bombay High Court Admits Petition Challenging Rejection of Tender Bids for NAINA Infrastructure Project; Interim Stay Ordered. CIDCO Tender Committee Rejected Petitioner's Joint Venture Bids Citing Integrity Pact, GST Registration, and Other Non-Compliances.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

This writ petition was filed by Thakur Infraprojects Pvt. Ltd. (the lead member of a joint venture with EVRASCON) challenging the rejection of its technical bids in two tenders floated by the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) for integrated infrastructure development in the Navi Mumbai Airport Influence Notified Area (NAINA) project. The tenders, dated 23rd July 2024, involved road construction, major and minor structures, and allied electrical works. The petitioner’s joint venture submitted bids on 9th November 2024. After the opening of technical bids on 11th September 2024, respondent nos. 3 and 4 (other bidders) raised objections, and CIDCO sought clarifications. The Tender Committee rejected the petitioner’s technical bids on 8th October 2024 citing five reasons: (i) the foreign joint venture partner had not signed the Integrity Pact; (ii) mandatory eligibility documents were not stamped/signed; (iii) the foreign partner’s documents lacked certification from the country of origin and Indian Embassy; (iv) completion certificates did not include storm water drainage and street light scope; and (v) the foreign partner was not registered under the Goods and Services Tax Act. The petitioner filed the writ petition the very next day. A Division Bench passed an interim order on 10th October 2024 directing that any work order issued would be subject to further orders. Despite this, CIDCO issued a work order for Tender No. 2 in favour of respondent No. 3 on 15th October 2024. The court also noted that one of the successful bidders’ partners faced blacklisting proceedings before the Delhi High Court. The matter was reserved on 2nd May 2025 and pronounced on 6th May 2025, but the judgment text is incomplete and does not contain the final decision or reasoning.

Headnote

{

"headline": "High Court of Bombay Adjudicates Writ Petition Challenging Tender Bid Rejection — Petitioner Invokes Judicial Review of CIDCO's Tender Committee Decision. The core issue involves whether the rejection of the joint venture's bid for infrastructure projects was legally sustainable.",

"lawPoints": "Judicial review of tender committee decisions, writ jurisdiction under Article 226",

"issueOfConsideration": "Whether the rejection of bids by the Tender Committee is arbitrary and violative of Article 14 of the Constitution of India",

"headnote": "Not mentioned",

"summary": "The writ petition was filed by Thakur Infraprojects Pvt. Ltd., a lead member of a joint venture with OJSC Euro Asian Construction Corporation, challenging the Tender Committee's decision dated 8 October 2024 rejecting its bids for certain tenders. The petitioner, an infrastructure company incorporated in India and engaged in projects since 1974, approached the High Court under Article 226 of the Constitution seeking to quash the committee's minutes. The State of Maharashtra through Directorate of Industries, CIDCO, and two other private respondents were impleaded. The court, comprising Chief Justice Alok Aradhe and Justice M.S. Karnik, issued Rule, made it returnable forthwith, and by consent of parties, heard the matter finally on 2 May 2025 and pronounced judgment on 6 May 2025. However, the provided excerpt does not contain the court's reasoning, issues framed, or final decision. The advocates for the petitioner included Senior Advocates C. A. Sundaram and Zal Andhyarujina, while the respondents were represented by various senior advocates including Ravi Kadam, Vikram Nankani, and Ashish Kamat. No specific statutory provisions or precedents are cited in the available portion. The judgment excerpt ends abruptly with the description of the parties, offering no insight into the merits or outcome.",

"case_details": {

"case_title": "High Court of Bombay Hears Writ Petition Challenging Rejection of Bids by CIDCO Tender Committee. The petitioner seeks to quash minutes of meeting dated 8 October 2024 that rejected bids for tenders.",

"appellant": "Thakur Infraprojects Pvt. Ltd.",

"respondent": "State of Maharashtra & Ors.",

"court": "High Court of Judicature at Bombay, Civil Appellate Jurisdiction",

"case_number": "Writ Petition No. 13976 of 2024",

"judge": "Alok Aradhe, CJ, M.S. Karnik, J",

"advocate": "C. A. Sundaram, Zal Andhyarujina, Nirman Sharma, Rohini Musa, Shivaji Jadhav, Akanksha Agrawal, Dhrupad Vaghani, Ansh Karnawat, Ashwath Reddy, Nihar Ghag, Deeshank Doshi, O. A. Chandurkar, G. R. Raghuwanshi, Ravi Kadam, Rohan Kadam, Rahul Sinha, Soham Bhalerao, Vikram Nankani, Chirag Shah, Jay Sanklecha, Bhavya Shah, Ashish Kamat, Harsh Moorjani, Namrata Vinod, Shyamsundar Jadhav, Vishal Acharya",

"date": "2025-05-06",

"citation": "2025:BHC-AS:20453-DB",

"cases_referred": []

},

"acts_sections": [],

"major_acts": [],

"sections_cited": [],

"latin_terms": [],

"keywords": [

"Writ Petition",

"Tender",

"Bid Rejection",

"Joint Venture",

"CIDCO",

"Judicial Review",

"Maharashtra",

"Minutes of Meeting",

"Tender Committee"

],

"facts": {

"nature_of_litigation": "Writ petition under Article 226 of the Constitution of India challenging rejection of bids by a tender committee.",

"remedy_sought": "Petitioner seeks to quash the minutes of the Tender Committee meeting dated 8 October 2024.",

"filing_reason": "The petitioner's bids for certain tenders were rejected, as recorded in the Tender Committee minutes.",

"previous_decisions": "Not mentioned"

},

"issues": [

"Whether the rejection of the petitioner's bids by the Tender Committee is legally valid and not arbitrary."

],

"submissions_arguments": [

"Not mentioned"

],

"decision": "Not

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Issue of Consideration

Whether the rejection of the petitioner's technical bids by the Tender Committee was arbitrary and in violation of the principles of natural justice.

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Final Decision

Decision not clearly stated

Law Points

  • Legal points not extracted
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Case Details

2025 LawText (BOM) (05) 12

Writ Petition No. 13976 of 2024

2025-05-06

Alok Aradhe, CJ; M.S. Karnik, J.

Citation not available, 2025:BHC-AS:20453-DB

Mr. C. A. Sundaram, Mr. Zal Andhyarujina, Mr. Nirman Sharma, Ms. Rohini Musa, Mr. Shivaji Jadhav, Ms. Akanksha Agrawal, Mr. Dhrupad Vaghani, Mr. Ansh Karnawat, Mr. Ashwath Reddy, Mr. Nihar Ghag, Mr. Deeshank Doshi, Mr. O. A. Chandurkar, Mrs. G. R. Raghuwanshi, Mr. Ravi Kadam, Mr. Rohan Kadam, Mr. Rahul Sinha, Mr. Soham Bhalerao, Mr. Vikram Nankani, Mr. Chirag Shah, Mr. Jay Sanklecha, Mr. Bhavya Shah, Mr. Ashish Kamat, Mr. Harsh Moorjani, Ms. Namrata Vinod, Mr. Shyamsundar Jadhav

Thakur Infraprojects Pvt. Ltd.

State of Maharashtra, Through Directorate of Industries & Ors.

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Nature of Litigation

Writ Petition challenging rejection of technical bids by CIDCO Tender Committee for two infrastructure tenders.

Remedy Sought

Petitioner seeks quashing and setting aside of minutes of Tender Committee meeting dated 8th October 2024 rejecting its bids.

Filing Reason

Bids rejected on grounds: Integrity Pact not signed by JV partner, mandatory documents not stamped/signed, foreign partner documents not duly certified, completion certificates lacking SWD/street light scope, and foreign JV partner not GST registered.

Previous Decisions

Division Bench passed interim order on 10-10-2024 that any work order issued pursuant to subject tenders shall be subject to further orders. CIDCO issued work order on 15-10-2024 for Tender No.2 in favour of respondent No.3.

Issues

Whether the rejection of the petitioner's technical bids by the Tender Committee was arbitrary, unreasonable, and in violation of the tender conditions and principles of natural justice?

Submissions/Arguments

Arguments not extracted

Ratio Decidendi

Ratio not explicitly mentioned

Judgment Excerpts

The technical bids of the JV were evaluated by Tender Committee and the same were rejected by an e-mail dated 8th October 2024. The minutes of the meeting of the Tender committee records the following reasons for rejection of the bids of the JV in respect of the subject tenders: (i) JV partner had not signed the Integrity Pact in breach of the mandatory condition under the tender that all parties in a consortium were required to sign the same. (ii) Mandatory Eligibility documents were not stamped and/or signed as mandatorily required under the Tender. (iii) The JV had failed to have the foreign JV partner. EVRASCON’s documents duly certified by the country of origin and the Indian Embassy and had only submitted translations with apostille certificate. (iv) The completion certificates submitted by the petitioner did not include Storm Water Drainage (SWD) and Street Light Scope work experience and the same was only self-certified. (v) The petitioner’s JV partner was not registered under the ambit of the GST Act. A Division Bench of this Court, on 10th October 2024 passed an interim order in this writ petition that in case any work order is issued in pursuance of the subject tenders, the same shall be subject to further orders which may be passed in the writ petition.

Procedural History

2024-07-23: CIDCO published notices inviting bids for Tender 1 and Tender 2. 2024-11-09: Petitioner JV submitted technical and financial bids. 2024-09-11: Technical bids opened. 2024-09-26: Respondent Nos.3 and 4 raised objections to JV's bids. 2024-09-27: JV communicated deficiencies in respondents' bids. 2024-10-02: CIDCO sought response from JV. 2024-10-03: Personal hearing held; JV submitted response and addendum certificate. 2024-10-04: JV submitted tax registration details. 2024-10-05: Another personal hearing. 2024-10-07: JV submitted further clarifications. 2024-10-08: Tender Committee rejected JV's technical bids; JV sent point-wise clarifications. 2024-10-09: Financial bids opened; JV filed writ petition. 2024-10-10: Division Bench passed interim stay order. 2024-10-15: CIDCO issued work order for Tender No.2 to respondent No.3. 2024-10-18: Ministry blacklisted PNC-Infratech Ltd. 2024-10-29: Delhi High Court dismissed PNC's writ petition. 2024-12-29: Delhi High Court Division Bench remitted matter; disqualification period revised. 2025-02-17: Disqualification period ended. 2025-05-02: Hearing reserved. 2025-05-06: Judgment pronounced (text incomplete).

Acts & Sections

  • Maharashtra Regional and Town Planning Act, 1966: 40(1)(b)
  • Goods and Services Tax Act:
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