Texmaco Rail & Engineering Ltd vs Union Of India & Ors on 9 November, 2016


1. In this writ petition cancellation of the notice inviting tender dated

02.05.2016 bearing No. 2016 RSI8TC for supply of BOXNS wagons has

been sought. Primarily, the petitioner has sought a mandamus directing the

respondents to award the NIT dated 04.12.2015 for procurement of 2000

W.P.(C) No. 4026/2016 Page 1 of 34
BOXNS wagons in favour of the eligible bidders strictly in terms of the

tender document without allowing any post tender modifications.

2. It is obvious that the prayer seeking cancellation of the NIT dated

02.05.2016 („the second NIT‟) is predicated on the prayer with regard to

award of the tender for BOXNS railway wagons, in respect of which the

NIT was issued on 04.12.2015 („the first NIT‟). The grievance of the

petitioner is that it was L-1 in respect of BOXNS railway wagons under

the first NIT. Yet, no award of contract was made in respect thereof. The

initial price offering of the petitioner for BOXNS wagon, in respect of

which it was L-1, was Rs 21,58,000/- per wagon. According to the

petitioner, through several rounds of negotiations, this was reduced by the

petitioner to Rs 14.50 lacs per wagon. Yet, the contract had not been

awarded to the petitioner.

Source: Indian Kanoon