Fri. Dec 9th, 2022

The Supreme Court said on Thursday it will review the Mumbai High Court order that ordered the city’s hub transport provider, Brihanmumbai Electric Supply and Transport (BEST), to reissue a tender for electric buses.

The high court ruled that the hub transport provider’s decision to consider Hyderabad-based Evey Trans Pvt Ltd’s bid to be “sensitive” was “incorrect”.

Evey Trans had emerged as the successful bidder in the previous bidding process and was awarded the contract to operate 1,400 electric single-decker buses with drivers in Mumbai and its extended suburbs on a 12-year gross cost contract model. However, Tata Motors was disqualified because its bid was found to be “technically non-compliant for allegedly deviating from the bid specifications”. The HC had also confirmed his recusal.

A bank run by Justice SA Nazeer, while seeking a response from BEST, Evey and Tata Motors on the appeals of the first two, allowed Evey to run the buses supplied to BEST so far, but said such supply under the February tender be subject to the final outcome of the appeals. The high court also clarified that Evey will not claim any equity for supplies made in the event that she is unsuccessful in the case.

While BEST has challenged HC’s decision asking it to issue a new tender, Evey has filed a separate appeal against the annulment of the tender that was awarded in a “fair and transparent manner”.

Lead Counsel Mukul Rohtagi, assisted by Counsel Abhinav Mukherji, representing Evey, argued that the HC failed to apply the principle of justice and fairness in assessing a clerical error and that it was promptly acted upon and rectified. BEST had accepted Evey’s offer on the condition that it would deliver buses that would travel 200 km on a single charge without consuming more than 80 percent of the battery, they said.

Stating that it was not the case of anyone that Evey was unable to meet BEST’s requirements, the petition added that Tata’s offer had evidently deviated from the terms of the tender and had not explicitly and admittedly conformed to the requirements of BEST. bid.

Alleging irregularities in the previous bidding process, lead attorney AM Singhvi, appearing on behalf of Tata Motors, said that BEST arbitrarily rejected the company’s technical offer and that Evey received an unfair favor as certain rules were relaxed and not applied. selectively applied. He argued that his offer was in accordance with the conditions of the tender.

BEST supported EVEY stating that its offer was compliant in all respects and that there was no deviation in the offer. In addition, the disqualified bidder has no place to challenge the award of the tender to the winning bidder, argued the lawyer, adding that arguments of discrimination or favoritism do not deserve any consideration.

Read More: SC to examine HC order on tender for electric buses