On Tuesday, a panel of judges Nitina Sambre and Judge Anila Pansara ordered BEST to file its response and adjourned the case to May 23.
Tata Motors has challenged BEST’s decision of May 6 to disqualify its application for technical reasons, arguing that it meets all the necessary technical specifications.
According to the website of the Bombay High Court, on May 10 the company announced its recognition.
In February, BEST announced a tender with a proposal to operate 1,400 electric buses in Mumbai and extended suburbs under a 12-year gross price contract model. The tender won Evey Trans Private Limitedthe cost of the order is about 2450 rupees.
Tata Motors claimed in its petition that it had submitted its technical and financial application to participate in the tender following a preliminary meeting with BEST representatives. However, when BEST published its assessment of the technical suitability of the tender, it declared Tata Motors’ bid “technically inappropriate”.
BEST claims that the range of deviations mentioned by Tata Motors was unacceptable under the tender.
This was erroneous according to the automaker, who said his bid met the terms of the tender, guaranteeing a 200-kilometer range with 80% charge without interruption.
The declaration was also arbitrary, as Tata motors argued in its petition, as BEST selectively relaxed the terms of the tender for Evey Trans. The automaker claimed that BEST allowed applicants to provide the required range with a single charge break of up to an hour, which benefited Evey Trans. In addition, BEST also waived the requirement to compare rates when evaluating bids, Tata Motors said in its petition.
“These actions of BEST are unjustified, disproportionate, arbitrary and violate Articles 14 and 19 (1) (g) of the Constitution,” the petition said.
Senior lawyer Mustafa Dr. together with the law firm Karanjawala & Co represent Tata Motors in the case. Senior lawyer Sharan Jagtiani appeared at the BEST competition.
Tata Motors and Evey Trans declined to comment as the case is pending. ET could not immediately contact BEST for comment.