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SURYA KANT, JOYMALYA BAGCHI
Kimberley Club Pvt. Ltd. – Appellant
Versus
Krishi Utpadan Mandi Parishad – Respondent
JUDGMENT
Joymalya Bagchi, J.
1. Leave granted.
2. Appellant is aggrieved by the judgment and order dated 07.09.2021 whereby the Division Bench of the Allahabad High Court, Lucknow Bench refused to set aside the decision of 1st respondent-Krishi Utpadan Mandi Parishad [Hereinafter referred to as “1st respondent-Mandi Parishad”] rejecting appellant’s technical bid on the ground that the ‘haisiyat praman patra’ submitted by it had not been issued by District Magistrate.
3. Dispute arose from a tender floated by 1st respondent-Mandi Parishad to let out a banquet hall/terrace lawn for 10 years to the highest bidder. The notice inviting tender [Hereinafter referred to as “NIT”] prescribed a two-stage bidding process comprising a technical bid and a financial bid. The technical bids were to be evaluated first and only bidders meeting the eligibility criteria would qualify for the second stage, where the financial bids were to be evaluated and tender awarded to the highest bidder. One of the conditions, namely Clause 18 in the NIT stated that bidder must submit a ‘haisiyat praman patra’ of minimum Rs.10 crores with the technical bid.
4. Appellant as well as 5th respondent (successful bidder) su
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