Firm Matters

Khaitan & Co successfully represented Texmaco Rail & Engineering Ltd before the Madurai Bench of Madras High Court in writ petitions challenging the rejection of technical bids in four tenders floated by Southern Railway for provision of interlocking arrangement at various parts of Tamil Nadu. 

The technical bid submitted by the Client in four tenders floated by Southern Railway was rejected on the ground that the power of attorney authorising the representative of the client was not backed by resolution passed by board of directors, but by resolution passed by the committee of directors. This arbitrary rejection was challenged by way of writ petitions. The High Court was pleased to set aside the arbitrary rejection made by the Southern Railway.

The issue in the case involved highlighting essential and non - essential documents in a tender and how failure to seek clarification a non - essential document would not allow railways to reject the tender.

The Firm scope of work included drafting pleadings, making court appearances, and presenting final arguments before the court. Khaitan successfully secured an order quashing the rejection of technical bid and further directing the Southern Railway to consider the financial bid submitted by the client by accepting the technical bid.