Konkan Railways Corporation Limited vs Union of India Through Chief Administrative Officer (Construction) Central Railways

Judgment text excerpt

2694.25-wpl.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2694 OF 2025 BASAVRAJ Konkan Railway Corporation Ltd. ….. Petitioner GURAPPA Vs. PATIL Digitally signed by Union of India ….. Respondent BASAVRAJ GURAPPA PATIL Date: 2025.03.13 15:08:11 +0530 Mr.Gautam Ankad, Senior Advocate a/w. Mr. Chirag Sancheti, Mr. Asif Lampwala, Mr. Joshua D’Souza and Mr. Mutahhar Khan i/b. Bulwark Solicitors for the petitioner Mr. Rajshekhar V. Govilkar, Senior Advocate a/w. Mr. N. R. Bubna and Ms. Shaba N. Khan for respondent CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J. RESERVED ON : MARCH 4, 2025 PRONOUNCED ON : MARCH 13, 2025 JUDGMENT (PER : CHIEF JUSTICE) 1. Rule. Rule is made returnable forthwith. By consent of the parties, the matter is heard finally. 2. This writ petition takes an exception to order dated 27th January 2025 by which technical bid submitted by the petitioner has been found to be non-responsive and rejected. In order to appreciate the grievance of the petitioner, relevant facts need mention, which are stated infra. (i) FACTS:- 3. The petitioner is a Company registered under the Companies Act, 1956 and is a Public Sector Undertaking. The majority Basavraj Page | 1 2694.25-wpl.docx shareholder of the petitioner is the Government of India and it functions under the administrative control of Ministry of Railways. The petitioner has executed several railway projects at various locations across the country. The net-worth of the petitioner is approximately Rs.5865 crores. 4. The Chief Administrative Officer of the Central Railways published a Request for Proposal (RFP) for construction of Earth Work, Major/Main Bridges, RuBs, Pway Work and Miscellaneous Civil Works in connection with Gauge Conversion from Pachora- Ja