Nagpur Metro | Bombay High Courts fines Rs.1 lakh on Titagarh Wagons Ltd for non application of mind.

By
Narendra Shah
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Nagpur: Taking serious cognisance of “unsubstantiated” allegations against the judiciary, the Nagpur bench of Bombay High Court, on Tuesday, imposed a fine of Rs.1 lakh on Kolkata based firm Titagarh Wagons Limited. Dismissing the review petition filed by Consortium of Titagarh Fireman Adler SPA and Titagarh Wagons Limited, the court censured the company, tersely observing that it didn’t apply mind while drafting the plea.

A division bench comprising justice Bhushan Gavai and justice Vinay Deshpande asked petitioner to deposit the amount into Chief Minister’s Relief Fund and submit its receipt with court’s registry within two weeks.

The Kolkata-based firm re-approached judiciary filing a review petition that challenged Nagpur Metro Rail Corporation Limited‘s move to allot the work tender to China Railway Rolling Stock Corporation (CRRC) Limited for manufacturing metro coaches. Senior counsel Surendra Kumar Mishra assisted by Kaustubh Devghade appeared for NMRCL, while senior counsel Shreehari Aney and Anjan De represented Consortium of Titagarh.

According to petitioner, NMRCL issued a tender for shortlisting of work as per the ‘Bid Data Sheet’ on January 25. A Memorandum of Understanding (MOU) was executed between Titagarh Wagons Limited and Titagarh Firema Adler SpA to form a consortium for participation in the tender process.

On July 8, petitioner submitted the bid along with all documents and complied with necessary requirements. On September 19, NMRCL informed the Kolkata firm that its technical bid has been evaluated and its proposal has been short listed for opening of financial bid. However, when the bid was opened on September 29, the tender was awarded to the CRRC. The petitioner contended that the Chinese firm didn’t possess credentials to qualify as per the tender conditions and it was also the lowest bidder. Later, the firm made a representation to NMRCL regarding their opposition to award tender to CRRC, but failed to get any response.
 The Consortium of Titagarh Fireman initially challenged NMRCL’s action in the court, but it was dismissed on October 4.
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It again moved to the judiciary filing review petition challenging this order.
The judges however observed that the petitioner raised new points in the review petition alleging malice towards the judiciary’s part. “How malice cropped up in the plea without any substance. It’s a case of non-application of mind, as points which are not in the original petition, can’t be taken up in its review,” the judges pointed out, before dismissing the petitioner’s contentions.

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