Mumbai: The Bombay high court has refused to halt the fresh tender process for appointment of a toll operator for the Bandra-Worli Sea Link on a petition that challenged cancellation of an earlier tender.Justices Advait Sethna and Sandesh Patil on Friday said, “The said tender is floated for a project which is completely in public interest, dealing with the Bandra-Worli Sea Link, which is a pivotal infrastructural milestone for Mumbai city.”Sahakar Global Ltd moved the vacation court seeking an ad interim stay on the April 29 tender cancellation order and email communication by the urban development department informing it about cancellation of the tender. It sought to restrain MSRDC and MSRDC Sea Link Ltd from proceeding further and/or acting upon the fresh tender.Senior advocate Soli Cooper argued that the order and communication is arbitrary, not reasoned and therefore bad in law. It mentioned only “administrative reason” conveying the rejection. He alleged MSRDC and MSLL intend to favour a particular party/entity and for which the tender was cancelled.Senior advocate Venkatesh Dhond, for MSRDC, denied it. He said Sahakar was the highest bidder. It participated in negotiations for revision of contract rates and submitted a revised proposal on Feb 20. On the tender cancellation order, Dhond said the respondents acted in accordance with a clause of the terms that gives MSLL the right to reject any offer/bid or to annul/suspend the tender process without assigning any reason.The judges were of prima facie view that the impugned order “does not warrant ad interim stay at this stage considering” the clause. This is more particularly “when rejection of the said tender was prior to awarding” such contract to Sahakar.Noting Dhond’s submission that a fresh tender was floated and bids are to be submitted till May 29, the judges said Sahakar is at “full liberty” to participate in the fresh tender without prejudice to its rights and contentions being pursued in the petition. Also, “interest of justice” would be met by subjecting the fresh tender to the outcome of the petition. MSRDC and MSLL may put participants to notice regarding the pending petition. They posted the petition for further consideration on June 8.
