M/S Deep Blue Xpress Limited v. Municipal Corporation of Delhi

SANJEEV NARULA, J. SEPTEMBER 01, 2023

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 01.09.2023 % W.P.(C) 9612/2023 & CM APPLs. 36818/2023, 36819/2023, 36820/2023 M/S DEEP BLUE XPRESS LIMITED ..... Petitioner Through: Dr. Manish Singhvi, Senior Advocate with Mr. Upendra Pratap Singh, Advocates. versus MUNICIPAL CORPORATION OF DELHI ..... Respondent Through: Mr. Sanjay Vashishtha, Standing Counsel with Mr. Vishal Kumar, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJEEV NARULA SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The Petitioner has filed the instant writ petition praying that it be allowed to submit its bid and participate in the tendering process in relation to the tender dated 07.06.2023 issued by the Respondent Municipal Corporation of Delhi ("MCD") for disposal of 30 Lakhs MT (2nd Phase) of legacy waste by Bio-remediation and Bio-mining at Ghazipur Dumpsite, Delhi ("Subject Tender"). 2. The facts of the case reveal that the Petitioner is a registered company, which formed a Joint Venture ("JV") to participate in the Subject Tender. As per the Request for Proposal in relation to the Subject Tender dated 07.06.2023 (the "RFP"), the deadline for submission of bids by prospective bidders to participate in the Subject Tender process was scheduled as 10.07.2023 till 03:00 PM. Further, the date for opening of technical bids was scheduled to be 11.07.2023 at 03:00 PM. By way of an addendum dated 03.07.2023, the last date for submission of bids was extended to 19.07.2023 till 03:00 PM and the date for opening of the technical bid was extended to 20.07.2023 at 03:00 PM. 3. Pertinently, under the RFP every prospective bidder must make a payment of Rs. 5,000/- for the bid document and Rs. 20,00,000/- for the Earnest Money Deposit ("EMD").It is stated by the Petitioner, that it initiated the process of submission of its bid at about 11:00 AM on 19.07.2023, however, due to a technical glitch on the e-portal, the Petitioner was unable to process the aforementioned payments under the RFP on the e- portal despite multiple attempts through different banks. Therefore, in order to avoid any delays, the Petitioner then made a payment of Rs. 20,05,177/- through NEFT, and a copy of the payment receipt has been annexed by the Petitioner. 4. It is further stated by the Petitioner that it uploaded its bid document, including the bid price and the e-portal showed the file signing was completed and verification and validation is in progress. It is stated that even after the bid submission time had passed, the bid portal continued showing that the verification and validation is in progress. 5. Thereafter, the Petitioner wrote an e-mail and a letter to the MCD, highlighting the aforesaid facts and stating that due to technical issues, it was unable to submit its bid for the Subject Tender and requested the MCD, that it be allowed to submit its bid online/offline. 6. Learned Senior Counsel for the Petitioner submitted that the Petitioner could not be restrained from participation in the tendering process on account of its bid not being registered/submitted in relation to the Subject Tender due to a technical glitch in the e-portal. It is their case that the technical glitch was caused by no fault of the Petitioners, and it had submitted the bid documents including its bid price on the e-portal well within the stipulated time, and therefore the Petitioners should be allowed to submit its bid and participate in the tendering process of the Subject Tender. He submits that the Petitioner's exclusion from participation in the Subject Tender, would amount to a violation of the Petitioner's fundamental rights under Article 14 of the Constitution of India. 7. This Court issued notice in the present petition on 21.07.2023 and directed the MCD to obtain a report from the National Informatics Centre ("NIC") in respect of the alleged technical glitch. It was also stated by this Court that notice was being issued by this Court solely based on the allegation of the Petit