Archives

Rights plea by Indian Company against tender procedure

by Indeewara Thilakarathne

An Indian Company producing automobiles and farm equipment has filed a Fundamental Rights plea in the Supreme Court, praying for quashing or cancelling the tender closed on November 15, 2002, inviting the applications for the distribution of four wheel tractors to the Ministry of Rural Economy.

In this petition filed through its Attorneys Murugesu and Neelakandan, Mahendra & Mohendra of Mumbai, India has cited Minister of Rural Economy Bandula Gunawardana, Senior Assistant Secretary S. A. Nagananda, Minister of Finance K. N. Choksy, Deputy Secretary of Finance Ministry S. B. Divaratne and three others as respondents.

The petitioner states that it is an incorporated company in India and that is in the forefront of manufacturing automobiles and farm equipment.

On or about October 18, 2002 the fourth respondent S. B. Divaratne had called sealed tenders for the supply, installation and commission of 1000 units of four wheel tractors to the Ministry of Rural Economy.

The tender was to be closed at 2.00 p.m and immediately to be opened in the presence of tenderers. Later the closing date for the bids was extended up to November 15, 2002 at 1.30 p.m.

In respect of the said tender, the petitioner submitted its tender dated 14 November, 2002, on November 15, 2002 about 1.30 p.m.

Accordingly the bids were opened and there were 9 tenders and that the petitioner reliably understood that those bids were referred to a Technical Evaluation Committee and that the petitioner's tender was found to be in compliance with various requirements.

Some of the tenders including that of 6th respondent, L&T John Deere (Pvt) Ltd. was rejected. The petitioner further states that no tender was awarded to any tenderer. In the month of July 2003, the second respondent published full-page advertisement in several newspapers inviting applications from various categories of persons for the distribution of four wheel tractors under the Indian line of credit and at concessionary prices for Regaining Sri Lanka Program.

The petitioner further states that the process of inviting applications by the said advertisement and entertaining them is irrational, arbitrary and lack of transparency as well as accountability. The petitioner further states that he was never given an opportunity to be heard nor consulted with regard to the offer of concessionary price under Regaining Sri Lanka.

Therefore the petitioner prays for an interim order restraining 1-4 respondents from proceeding with receiving or processing applications from any person on the basis of advertisements, placing orders with 5-6 respondents to supply tractors until the final determination of this application.

To declare that the petitioners Fundamental Rights violated under Section 12 (1) of the Constitution and also for an order quashing or cancelling the tender closed on November 15, 2002 and procedure initiated by 1-4 respondents to invite application for the distribution of tractors and to direct 4th respondent to call fresh tenders to supply four wheel tractors to the Ministry of Rural Economy.

www.crescat.com

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries

Produced by Lake House
Copyright © 2003 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager