The Bombay High Court on Tuesday reserved its order in a plea by Tata Motors Pvt. Ltd challenging its disqualification by the Brihanmumbai Electricity Supply and Transport (BEST) undertaking in a tender bid it had made for supplying 1,400 electric buses.
The buses are worth around Rs. 2,450 crores. The BEST had published the tender notice for 1,400 single-deckers AC electric buses for Mumbai and suburbs for 12 years.
Tata Motors through senior advocate Abhishek Manu Singhvi had argued that the firm’s technical bid was arbitrarily rejected to give an unfair favour to one Evey Trans Pvt. Ltd. It was argued that the undertaking selectively relaxed norms to allow other bidders and also waived certain requirements. The company’s plea had said that the BEST had erroneously declared its bid as ‘technically unresponsive’.
In its reply, the BEST said that the firm has no locus standi to question the tender process. It said that the company had deviated from tender specifications.
It further argued that the firm was supposed to test models under simulated conditions using Automotive Industry Standard (AIS) measures. They were required to be tested under Actual Operating Conditions (AOC) which include, the number of people that can be carried, the road conditions and traffic.
The BEST stood by its decision and sought that the company’s plea be dismissed.
