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2021 Supreme(SC) 191

ROHINTON FALI NARIMAN, B. R. GAVAI
Utkal Suppliers – Appellant
Versus
Maa Kanak Durga Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Avnish Kumar Sharma, Advocate, Mr. S. Debabrata Reddy, Advocate, Mr. Ramendra Mohan Patnaik, Advocate.
For the Respondent:Aditya Kumar Choudhary, Advocate, Mr. Gurmehar Vaan Singh, Advocate, Mr. vivek, Advocate, Mr. Vaibhav Prasad Deo, Advocate, Mr. Rajesh Singh Chauhan, Advocate, Mr. Kedar Nath Tripathy, Advocate.

JUDGMENT :

R.F. NARIMAN, J.

1. Leave granted.

2. These appeals arise out of a Tender Call Notice ["TCN"] dated 30.12.2019 issued by Respondent No.4, viz., the Office of the Superintendent, SCB Medical College and Hospital, Cuttack. By this TCN, sealed tenders in a two-bid system (technical and financial) are invited from eligible registered diet preparation and catering firms/suppliers etc. having a valid labour licence and a food licence with a minimum of three years of relevant experience in the field of preparation and distribution of therapeutic and non-therapeutic diet to government or private health institutions having a minimum of 200 beds for the year 2019-2020. In the "Terms of Reference" attached to the TCN, clauses VI.3.3 and VI.3.9 are important and are set out hereunder:

    "VI.3 Eligibility criteria:

    xxx xxx xxx

    3. The bidder should have a minimum of 3 years' experience in diet preparation and its supply/services in Govt. or Private Health Institutions only having minimum 200 no. of beds.

    xxx xxx xxx

    9. The bidder should have valid labour licence (registration no. & date) o

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