HC Rejects EV Firm’s Ad-Interim Relief Appeal Challenging Its Disqualification By BEST

Causis E-Mobility Pvt Ltd, a UK-based electric vehicle firm, was recently denied ad-interim relief in its appeal against its rejection from the Brihanmumbai Electric Supply and Transport (BEST) bidding process for 1,400 electric buses for allegedly straying from tender criteria.

The UK company has set up a 75-acre facility in Talegaon, Pune and said that it will be making electric buses at the plant that will be rolled out in the first week of November this year.

However, the petitioner alleged that the BEST incorrectly declared its offer “technically non-responsive” and sought immediate redress.

Senior advocate SU Kamdar, representing the petitioner, told a Bombay high court vacation bench of Justice Anil K Menon and Justice Nitin R Borkar that the respondent, BEST, had considered technical qualifications and compliance of various bidders after inviting bids for the supply of 1,400 electric buses to the Mumbai region. Five of the eight bidders were excluded because they were “technically non-responsive”.

According to Kamdar, the petitioner firm requested urgent relief from the HC due to the respondent undertaking’s hurried approach and anticipates that a “letter of acceptance” will be granted at any time, rendering the plea infructuous.

The UK company is a subsidiary of Causis Group, which manufactures and distributes high-volume zero-emission electric vehicles, as well as charging infrastructure and renewable energy.

The company met all of the tender’s essential technical and commercial eligibility criteria, stated Causis-E-Mobility, which is part of a three-member consortium and added that one of the consortium’s members, Golden Properties Limited of Canada, had assured BEST that its partner Eurabus GmbH’s electric buses had been successfully running in numerous cities across the world.

Golden Properties has the potential to create around 1,500 buses per year and has an electric bus manufacturing plant in Europe and India, said Kamdar, adding that it might be considered in compliance with the eligibility criterion.

The court noted that Golden Properties claimed in another letter dated May 5 that it had delivered more than 100 of the 500 buses ordered to Almaty Transport Services, Kazakhstan government, whereas the party had claimed on March 28 that it had received an order for 200 buses from Kazakhstan government. It then stated that “prima facie, these contradictions are not explained”.

As reported, the court also noted that one of the consortium members must have an electric bus manufacturing facility in India with a minimum production capacity of 1,000 electric buses and must have delivered 100 buses or 1,000 CNG or High-Speed Diesel (HSD) buses in the previous five years according to the eligibility criteria.

The bench noted that the current consortium, of which the petitioner is a part, does not meet any of the aforementioned standards. Responding to it, the petitioner firm said it had an agreement with a company called Azad Coach Private Limited in Rajasthan, which has manufactured and delivered 1,317 HSD buses in India.

The court held any arrangement with the Rajasthan company “will not qualify as compliance with the condition of the Technical and Commercial Eligibility Criteria”, reported Indian Express.

According to HC, it is because the Azad Coach Pvt. Ltd. is not one of the members of the consortium.

“Thus, prima facie, we find that there is no case to grant any ad-interim relief. Hence, ad-interim relief is refused,” it added, stating that in due order, the petition will be heard by the ordinary bench.

However, on March 17, another bench of the HC requested BEST’s answer to a similar petition filed by another bidder, Tata Motors Limited, which contested the May 6 order dismissing its offer and scheduled a hearing for May 23.

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Causis E-Mobility Pvt Ltd, a UK-based electric vehicle firm, was recently denied ad-interim relief in its appeal against its rejection from the Brihanmumbai Electric Supply and Transport (BEST) bidding process for 1,400 electric buses for allegedly straying from tender criteria.

The UK company has set up a 75-acre facility in Talegaon, Pune and said that it will be making electric buses at the plant that will be rolled out in the first week of November this year.

However, the petitioner alleged that the BEST incorrectly declared its offer “technically non-responsive” and sought immediate redress.

Senior advocate SU Kamdar, representing the petitioner, told a Bombay high court vacation bench of Justice Anil K Menon and Justice Nitin R Borkar that the respondent, BEST, had considered technical qualifications and compliance of various bidders after inviting bids for the supply of 1,400 electric buses to the Mumbai region. Five of the eight bidders were excluded because they were “technically non-responsive”.

According to Kamdar, the petitioner firm requested urgent relief from the HC due to the respondent undertaking’s hurried approach and anticipates that a “letter of acceptance” will be granted at any time, rendering the plea infructuous.

The UK company is a subsidiary of Causis Group, which manufactures and distributes high-volume zero-emission electric vehicles, as well as charging infrastructure and renewable energy.

The company met all of the tender’s essential technical and commercial eligibility criteria, stated Causis-E-Mobility, which is part of a three-member consortium and added that one of the consortium’s members, Golden Properties Limited of Canada, had assured BEST that its partner Eurabus GmbH’s electric buses had been successfully running in numerous cities across the world.

Golden Properties has the potential to create around 1,500 buses per year and has an electric bus manufacturing plant in Europe and India, said Kamdar, adding that it might be considered in compliance with the eligibility criterion.

The court noted that Golden Properties claimed in another letter dated May 5 that it had delivered more than 100 of the 500 buses ordered to Almaty Transport Services, Kazakhstan government, whereas the party had claimed on March 28 that it had received an order for 200 buses from Kazakhstan government. It then stated that “prima facie, these contradictions are not explained”.

As reported, the court also noted that one of the consortium members must have an electric bus manufacturing facility in India with a minimum production capacity of 1,000 electric buses and must have delivered 100 buses or 1,000 CNG or High-Speed Diesel (HSD) buses in the previous five years according to the eligibility criteria.

The bench noted that the current consortium, of which the petitioner is a part, does not meet any of the aforementioned standards. Responding to it, the petitioner firm said it had an agreement with a company called Azad Coach Private Limited in Rajasthan, which has manufactured and delivered 1,317 HSD buses in India.

The court held any arrangement with the Rajasthan company “will not qualify as compliance with the condition of the Technical and Commercial Eligibility Criteria”, reported Indian Express.

According to HC, it is because the Azad Coach Pvt. Ltd. is not one of the members of the consortium.

“Thus, prima facie, we find that there is no case to grant any ad-interim relief. Hence, ad-interim relief is refused,” it added, stating that in due order, the petition will be heard by the ordinary bench.

However, on March 17, another bench of the HC requested BEST’s answer to a similar petition filed by another bidder, Tata Motors Limited, which contested the May 6 order dismissing its offer and scheduled a hearing for May 23.

Read all the Latest News , Breaking News and IPL 2022 Live Updates here.