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2017 Supreme(Kar) 417

ASHOK B.HINCHIGERI
Asha Jyothi Transport – Appellant
Versus
Union of India – Respondent


ORDER :

These petitions are filed by the transport contractors. They have called into question the letter of intent issued to the respondent Nos.6 and 7 for transporting Bharath Petroleum Corporation Limited (BPCL) packed LPG cylinders. It is their case that they have been transporting the packed LPG cylinders to various destinations for nearly 21 years and without any black mark on their transport service.

2. Sri Vivek Reddy, the learned Senior Counsel appearing for Sri Mudit Kundila for the petitioners submits that the tender process adopted by the official respondents is illegal, arbitrary and opposed to the principle of natural justice. He submits that the respondent Nos.6 and 7 were permitted to offer additional trucks. He submits that what the official respondents have done amounts to colourable exercise of power. He submits that once the negotiations in the tender process take place, the finality has to be marked about the proceedings.

3. He complains of the violations of the provisions of the tender notification. He read out Clause 42 g), j), portion below j) and clause 3f, General Instructions 8 and 9 of the tender notification.

"42. Evaluation criteria/method and general guid







































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