DIPAK MISRA, PRAFULLA C.PANT
Elektron Lighting Systems Pvt. Ltd. – Appellant
Versus
Shah Investments Financial Developments and Consultants Pvt. Ltd. – Respondent
JUDGMENT :
Prafulla C. Pant, J.
These appeals are directed against judgment and order dated 14.10.2014 passed by High Court of Judicature at Bombay, whereby Writ Petition Nos. 7843 of 2014 and 8211 of 2014, are allowed, and the work order dated 03.09.2014, and consequential agreement between the appellants and respondent No. 3, are quashed.
2. Succinctly stated the facts of the case are that on 01.08.2014 respondent no. 3 -Aurangabad Municipal Corporation (for short “municipal corporation”) invited tenders for replacement of existing street lights by Light Emitting Diodes (LED) fittings with refurbishment of street light infrastructure on Build, Operate and Transfer (BOT) basis. The contractor was required to complete the project within one year and recover the payment from the municipal corporation through Ninety six Equated Monthly Installments (EMIs) over a period of eight years. Response to E-tender notice was required to be made in two separate parts, namely, technical bid and price bid. As per the tender notice, the tender forms were made available from 01.08.2014 to 20.08.2014. The period of submission of bids was extended up to 28.08.2014.
3. The Tender Notice contained inte
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