Tata Motors Loses Tender, SC Rejects Appeal Against BEST

The automaker had alleged BEST favoured rival Evey Trans Premium
The automaker had alleged BEST favoured rival Evey Trans

The Supreme Court on Friday dismissed a plea by Tata Motors challenging a decision by the Brihanmumbai Electric Supply and Transport (BEST), Mumbai’s civic transport body, to disqualify it from a 2022 tender for 2,100 electric buses on “arbitrary grounds". The appeal alleged BEST had favoured rival Evey Trans, the operational arm of e-bus maker Olectra Greentech.

The Court upheld BEST’s decision to award the contract for 2,100 single-decker AC electric buses to Evey Trans, and has set aside an earlier order by the Bombay High Court directing BEST to issue a fresh tender.

“We are of the view that the High Court should have been a bit slow and circumspect in reversing the action of BEST permitting Evey to submit a revised Annexure Y. We are of the view that the BEST committed no error or cannot be held guilty of favoritism, etc. in allowing Evey to submit a revised Annexure Y as the earlier one was incorrect on account of a clerical error. This exercise itself was not sufficient to declare the entire bid offered by Evey as unlawful or illegal," the apex court said in its judgment.“

Accordingly, Evey Trans will now execute the contract according to contractual terms entered with the BEST," it said.

Tata Motors had submitted its technical and financial bid for the tender on 25 April.

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