Manipur Sangai Festival HC strikes down work order to firm
Source: The Sangai Express

Imphal, November 06 2015 : Setting aside the Government's work order awarded to M/s Tashi Interiors regarding printing, designing, supplying and installation of various items for Manipur Sangai Festival, a single Bench of the High Court of Manipur ordered the authority concerned to proceed with the work of selection of an eligible and qualified bidder in accordance with the law.

The judgment came after the single Bench headed by Justice N Kotiswar heard a writ petition filed by M/s RB Printing House (Computer Section) through its proprietor Khumallambam Lenin (43) s/o Kh Basudev of Moirangkhom Sougaijam Leikai alleging discrepancies in the tender process.

The additional arguments raised against M/s Tashi Interiors (respondent number 4) during the hearing held on November 4 said that the firm does not posses two years' work experience in the field.

The petitioner's counsel told the Court that the firm did not submit its VAT/commercial or service tax registration number/certificate or certificate of service tax registration while submitting its bid.

On August 26, 2015, Director (Tourism) Shyam Lal Poonia issued a notice inviting tender (NIT) listing works related to printing, designing, supplying and installation of various items for the festival in Category-A.The budget allocation for these works is Rs 39 lakh.

M/s RB Printing House (Computer Section) submitted a bid of Rs 31, 77,471 while M/s Tashi Interiors through its Managing Director Yengkhom Devson of Singjamei bazar quoted an amount of Rs 42 lakh and later reduced it to Rs 38,66,000 .

Although, M/s RB Printing House's bid amount was much lower than that of M/s Tashi Interiors', the authority concerned awarded the work order to the latter on October 8.During November 4 hearing, the State respondent vehemently opposed the writ petition contending that the tender was issued through normal process in connection with organising Manipur Sangai Festival 2015 .

The main purpose of the work is to showcase the rich cultural heritage of the State and M/s Tashi Interiors has been found to be far superior in the technical aspect when compared to other bidders, the counsel said and added that the authorities did not want to compromise with the quality of presentation and publicity which is an important part of the festival.

The State respondent told the Court that the Government negotiated with M/s Tashi Interiors to lower the price bid so as to bring it within the tender amount.

Regarding works experience, the State respondent said that the private firm had participated in Manipur Sangai Festival in 2011 and accordingly it fulfils the eligibility criteria.

The firm had also submitted a certificate supported by an affidavit stating that M/s Tashi is actually a branch of IFD Designing, Construction and Manufacturing, the respondent said.

Counsel of M/s Tashi Interiors told the Court that the firm has been adjudged best in the technical field when compared with other bidders.

The firm had also participated in Manipur Sangai Festival in 2011 and gained experience of more than two years and submitted necessary certificates along with the tender.

The respondent further said that after the issuance of the contract work in favour of M/s Tashi Interiors, the private firm had already started works and in fact completed more than 60 per cent of the works.

And if the work is interfered at this stage, the firm would incur a huge financial loss, the respondent said.

After hearing both the sides, the single Bench passed an order to set aside the work order issued to M/s Tashi Interiors.

The order however said that the authorities concerned would have the liberty to proceed with the execution of the works considering the case of the petitioner and other eligible and qualified bidders in accordance with the law.

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