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2022 Supreme(SC) 49

DINESH MAHESHWARI, VIKRAM NATH
Agmatel India Pvt. Ltd. – Appellant
Versus
Resoursys Telecom – Respondent


Advocates appeared:
For the Parties :T Sundar Ramanathan, Udayaditya Banerjee, Vivek Pandey, Ishaan Chakrabarti, Harshapreetha, Rupesh Kumar, Advocate, Neelam Sharma, Pankhuri Shrivastava, Rupesh Kumar, Dhananjai Jain, Advocates

JUDGMENT :

DINESH MAHESHWARI, J.

Contents

Preliminary

1

Relevant Factual Matrix and Background

3

High Court disapproves the decision of tender inviting authority

7

Rival Submissions

16

Interpretation of Tender Document: Relevant Principles

23

Application of relevant principles to the case at hand

28

Conclusion

44

Preliminary

Leave granted.

2. These two appeals against the same judgment and order dated 27.09.2021, as passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 6676 of 2021, have been considered together and are taken up for disposal by this common judgment.

2.1. By the impugned judgment and order dated 27.09.2021, the High Court has accepted the writ petition filed by the respondent No. 1 of these appeals (M/s. Resoursys Telecom-hereinafter referred to as ‘the writ petitioner’) and has disapproved the technical disqualification and consequential rejection of the technical bid of writ petitioner in respect of a tender floated by the appellant of the appeal arising out of SLP(C) No. 16672 of 2021 (Na

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