The Bombay high court on Tuesday asked the BrihanMumbai Electric Supply and Transport (BEST) to file its reply to a petition filed by JBM Ecolife Mobility Private Limited challenging disqualification from the tender for 1,400 electric buses for Mumbai.
A division bench of Chief Justice Dipankar Datta and Justice MS Karnik was informed by the BEST counsel that the tender has already been awarded.
JBM, one of the bidders, challenged the BEST notice of May 6 disqualifying it for being ‘technically non-responsive.’
It was contended that the disqualification by BEST was in complete breach of its tender conditions. The tender provides for disqualification only if the Bidder itself has been debarred.
JBM claimed that it was not disqualified as at the relevant time it was its group company that had received a debarment letter from the Ministry of Heavy Industries (MHI).
The Delhi high court, on June 1, had directed the authorities not to reject JBM’s bids on the basis of the MHI letter. It was further claimed that after its financial bid was opened, BEST was bound to give it an opportunity to match the 'Lowest Price' as per the tender.
Earlier, Tata Motors had challenged its disqualification. The HC had reserved its order in the petition on June 9.
