Delhi High Court Gautam Solar Pvt Ltd vs Energy Efficiency Services Limited on 12 August, 2021 $~ 31 * % Date of Decision: 12.08.2021. + W.P.(C) 8076/2021 GAUTAM SOLAR PVT. LTD. ..... Petitioner Through: Mr. Rohit Rathi, Adv. versus ENERGY EFFICIENCY SERVICES LIMITED ..... Respondents Through: Mr. Samdarshi Sanjay,Advocate with Mr. Prakash Jha, GM (Legal), Mr.Kumar Saurabh, AGM (SCM) & Mr.Nikhil Bhandari AM (SCM) for respondent/EESL. HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE JASMEET SINGH J U D G M E N T (ORAL) 1) The writ petition has been filed seeking the following substantive prayer: ―a. Quash and set aside the impugned communication dated 20.07.2021 issued by the Respondent to the Petitioner insofar it states that the bid became nonresponsive owing to ―Not meeting Qualification requirements Av. Annual Turnover criteria (considering last three financial years and on the basis of audited balance sheets provided by you from for all 4 years) b. Direct the Respondent to include the Petitioner in the list of successful bidders. W.P.(C) 8076/2021 Page 1 of 20 c. Quash and set aside the impugned communication dated 20.05.2021 issued by the Respondent insofar it fails to include the Petitioner in the ‗Envelope Name: Price Bid'.‖ 2) The Petitioner claims to be a company dealing in Solar PV installation and services and other allied solartechnology related services. 3) The Respondent is Energy Efficiency Services Limited (EESL) and is a Super Energy Service Company (ESCO), which enables consumers, industries and governments to effectively manage their energy needs through energy efficient technologies. EESL was founded in 2009, promoted by Ministry of Power, Government of India as a Joint Venture of four reputed publicsector undertakings namely: a) NTPC Limited b) Power Finance Corporation Limited c) REC Limited d) POWERGRID Corporation of India Limited. 4) On 14.01.2021, the Respondent issued a Detailed Invitation for Bids (IFB) for design, manufacture, supply transport, installation, testing and commissioning of Off Grid Solar Photovoltaic Water Pumping Systems of 110 HP in Selected States on PAN India basis, including complete system warranty and its repair and maintenance for 5 Years under MNRE KUSUM scheme ComponentB. W.P.(C) 8076/2021 Page 2 of 20 5) The Respondent invited ebids from eligible bidders for the aforesaid work under Singlestage Threeenvelope bidding process through E tendering. 6) Pursuant to the IFB dated 14.01.2021, the Petitioner submitted its bid with the relevant documents vide the Etendering process, as per the format prescribed by the Respondent. 7) On 03.03.2021, the Technical Qualification bids were opened by the Respondent and the Petitioner‟s bid was rejected, inasmuch as, the Petitioner was not included in the „Envelope Name: Price Bid‟. Vide communication dated 20.05.2021, the Petitioner learnt that its Technical Bid had been rejected. 8) A communication dated 20.07.2021 was issued by the Respondent to the Petitioner stating that the bid of the Petitioner was held ‗non responsive' owing to the reason that "Not meeting Qualification requirements Av. Annual Turnover Criteria (considering last three financial years and on the basis of audited balance sheets provided by you from all 4 years)‖. 9) The Petitioner, on 22.07.2021, replied to the said communication of the Respondent, thereby explaining in