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2024 Supreme(SC) 857

BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Banshidhar Construction Pvt. Ltd. – Appellant
Versus
Bharat Coking Coal Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Pankaj Bhagat, AOR Ms. Ratika Mehrotra, Adv.
For the Respondent(s): Mr. Ankur Kashyap, Adv. Mr. Ajith S Ranganathan, Adv. Mr. Amit Sharma, AOR Mr. Dipesh Sinha, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. Leave granted.

2. The short question that falls for consideration before this Court is whether the Respondent Bharat Coking Coal Limited (BCCL) was justified in rejecting the Technical bid of the Appellant, while accepting the Technical bid of the Respondent no. 8 - Company, and declaring it to be successful bidder, though the Respondent no. 8 had not complied with the mandatory requirement of submitting the important documents relating to the qualification criteria as contained in Clause 10 of the Notice Inviting Tender (NIT) dated 16.08.2023, and thereby had failed to qualify the Eligibility criteria laid down therein?

3. The Appellant-Banshidhar Construction Private Limited has assailed the Judgment and Order dated 18.07.2024 passed by the High Court of Jharkhand at Ranchi in Writ Petition (Civil) No. 2896 of 2024, whereby the High Court has dismissed the said writ petition, confirming the impugned decision dated 06.05.2024 of the Technical Bid Committee of the Respondent-BCCL rejecting the Technical bid of the Appellant.

4. The Respondent no.1- BCCL is a subsidiary of Coal India Limited and the Respondent Nos. 2-7 are the authorities/employees of th

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