Bombay High Court doors knocked by Tata Motors

Bombay High Court doors knocked by Tata Motors

It claimed that the action of BEST was violative of the Constitution of India

Tata Motors Limited has moved the Bombay High Court against a decision of the Brihanmumbai Electric Supply and Transport Undertaking (popularly known as BEST) to disqualify the former from a tender bid for operating electric buses.

A vacation bench comprising Justice Nitin Sambre and Justice Anil Pansare has now sought the response of BEST and placed the matter for arguments on May 23.

Tata Motors challenged a May 6 decision by BEST, holding it responsible for deviating from the tender specifications.

Earlier, BEST had issued tender inviting bids for the operation of State Carriage Services for the public transport of 1,400 single-decker AC electric buses in Mumbai and its extended suburbs on a gross cost contract model for 12 years.

Thereafter, Tata submitted its technical and financial bid after a pre-bid meeting in which it requested BEST to modify certain tender specifications.

The suggestions were incorporated by BEST, which also published the technical suitability evaluation of the tender. But, at the same time, it declared Tata's bid as 'technically non-responsive'.

Clarifying its stand, BEST said that as per the tender issued, the deviation range mentioned by Tata was not acceptable to it.

Meanwhile, Tata stated it was erroneous, as their bid was in conformity with the conditions of the tender. It claimed it had guaranteed the operating range of the electric buses as 200 km for single-decker buses with 80 percent state of charge without any interruption.

It also maintained that the declaration was also arbitrary, as BEST had selectively relaxed the conditions of the tender for another bidder, Evey Trans Private Limited. It allowed Evey the interruption in charging time and waiving of the requirements of matching of rates for the evaluation of bids.

Tata's plea stated seeking a review of the BEST decision. It said, "The action of BEST is unreasonable, disproportionate, arbitrary, and violative of the Constitution of India."

Senior Advocate Mustafa Doctor briefed by Karanjawala & Co and Lexicon Law Partners appeared for Tata Motors.

While Senior Advocate Sharan Jagtiani advised BEST, Evey Trans was represented by Senior Advocate Percy Pardiwala and advocate Rohan Cama.