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2005 Supreme(Bom) 855

N.A.BRITTO, F.I.REBELLO
SHARAD KESHAO GHONGE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

F. I. REBELLO, J.

( 1 ) RULE. Heard forthwith.

( 2 ) THE petitioner had submitted his tender pursuant to tender notice dated 7th March, 2005. One other tenderer was respondent No. 5, who had applied as proprietor of Samsal Telecom. One of the conditions of the tender was Clause 3 (v), which reads as under :-"3 (v) Contractor/company should submit a certificate of registration from competent authority. Contractor/company should submit necessary documents/certificates satisfying above conditions duly attested by the gazetted officer at the time of purchasing of tender. No tender will be issued otherwise. "the tender booklet under the head instructions for the tenderer under item No. 6 provided as under :- "6. Dealer Possession Licence :- Tender should have a valid dealer possession License (DPL) for minimum of 100 sets. "

( 3 ) IT is the case of the petitioner that he has been doing the work of maintenance which is the subject matter of the present tender since June, 2001 for the respondent authorities. He has manufactured equipments and supplied them to MELTRON which have been installed by the respondent authorities. The present tender has been invited for maintenance of thos















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