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2020 Supreme(SC) 705

ROHINTON FALI NARIMAN, K.M.JOSEPH
State of Madhya Pradesh – Appellant
Versus
U. P. State Bridge Corporation Ltd. – Respondent


Advocates Appeared:
For the Appellant :Puneet Jain, Christi Jain, Sunny Choudhary, Ravindra Singh Chhabra, Dipesh Sinha, Advocates
For the Respondent:M/s. K. Ashar & Co., Sunny Choudhary, Puneet Jain, Christi Jain, Shekhar Sharma, B. Ramana Murthy, Advocates

JUDGMENT :

R.F. NARIMAN, J.

1. Leave granted.

2. These appeals pertain to a notice inviting tender ["N.I.T."] dated 02.12.2019 by the State of Madhya Pradesh, Public Works Department ["PWD"]. The N.I.T. was for the construction of an Elevated Corridor (Flyover) from LIG Square to Navlakha Square (Old NH 3) A-B Road in Indore district in the State of Madhya Pradesh of a length of 7.473 kilometers. The work was for an estimated cost of Rs. 272.66 crores, to be completed within a period of 24 months including the rainy season. Various parts of the N.I.T. are important and are referred to hereunder.

3. Under Section - 2, entitled "INSTRUCTIONS TO BIDDERS" under clause A, entitled "GENERAL" sub-clause 2.1.4 reads as follows:

    "2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e. Technical Bid as per Appendix IA and Financial Bid as per Appendix IB. BID amount shall be indicated clearly in both figures and words, in Indian Rupees in prescribed format of Financial Bid and it will be signed by the Bidder's authorised signatory. In the event of any difference between


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