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2020 Supreme(SC) 712

GALAXY TRANSPORT AGENCIES, CONTRACTORS, TRADERS, TRANSPORTS AND SUPPLIERS – Appellant
Versus
NEW J. K. ROADWAYS, FLEET OWNERS AND TRANSPORT CONTRACTORS – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Rana Mukherjee, Sr. Adv. Mr. Adeel Ahmed, AOR Ms. Kanika Sharma, Adv.
For the Respondent(s): Mr. Altaf H. Naik, Sr. Adv. Mr. Atif Suhrawardy, Adv. Mr. Syed Mehdi Imam, AOR Mr. Tabrez Ahmad, Adv. Mr. Satish Pandey, AOR Ms. Shashi Juneja, Adv.

JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. In this appeal, the Inspector General of Police, Kashmir Zone, Zonal Police HQR’s Kashmir, Srinagar [“ZPHS”], being Respondent No. 4 before us, invited online tenders (e-tenders) vide e-N.I.T. No. 01 of 2020 dated 18.02.2020 [“N.I.T.”] from reputed transporters, registered firms/associations for the supply of various types of commercial vehicles (without fuel) for the carriage of troops and equipment for the Financial Year 2020-2021. Pursuant to the N.I.T., 4 parties, namely, M/s Associated Contractors; M/s Quareshi Transport Co.; M/s Galaxy Transport Agencies, Contractors, Traders, Transports and Suppliers [“Appellant”]; and M/s New J.K. Roadways, Fleet Owners and Transport Contractors [“JK Roadways”] submitted their bids for consideration and the same were uploaded through an e-tendering system. The tender process consisted of a technical bid and a financial bid. The Tender Opening Committee met on 11.03.2020 and found that JK Roadways, Respondent No. 1 herein, and Associated Contractors did not meet the qualifying requirements of the technical bid, leaving Quareshi Transport Co. and the Appellant, who were considered technically elig


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