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2010 Supreme(Bom) 1037

D.D.SINHA, MRIDULA BHATKAR
A2Z Maintenance & Engineering Services Ltd. – Appellant
Versus
Maharashtra State Electricity Distribution Co. Ltd. – Respondent


Advocates Appeared:
Mr. JANAK DWARKADAS, Sr. Adv. with Mr. Y.S. JAHAGIRDAR, Sr. Adv., Mr. S. R.
NARGOLKAR, Mr. ZAL ANDHYARJUNA, Mr. SATIS MUKHARJEE, Mr. MAKARAND
KARNIK and Mr. VIKRANTNAGI, Mr. SAGAR DIVEKAR, Mr. ARUN GAUR i/b. Trilegal, for the Petitioner.
Mr. R. DADA, Sr. Adv. with Mr. ANURAG. Mr. CHIRAG MODI, Mr. VIVEK SHETTY and Mr. RISHIKESH SONI i/b. DSK Legal, for Respondent No.1.
Mr. ARIF BOOKWALA, Sr. Adv. with Mr. MILIND SATHE, Ms. JYOTI SINGH and Ms.
REM A JACHAK i/b. Dhir & Dhir Asso., for Intervenor-Respondent NO.2.

JUDGMENT

D. D. SINHA, J.:- Rule, returnable forthwith.

The learned counsel for the respective respondents waive service.

Heard the petition finally on merits by consent of the pm1ies.

2. The circumstances which have given rise to the tiling or this petition in a nutshell are as follows :

The respondent no. 1 in the month or January. 2010 issued Request for Proposal (RFP) for appointment of distribution franchisees for the distribution area division of Aurangabad and Nagpur, being Bid Specification Nos.DF-2/2009-10 and DF-3/2009-10, respectively. The petitioner purchased both RFP documents from the respondent no.1. The petitioner sent various pre-bid queries on the bid documents to the respondent no. 1 by their letter dated 14.2.2010. The same was duly responded by the respondent no. 1 by an e-mail dated 22.3.2010 addressed to Mr. Ashish Sahay. The respondent no. 1 sent a formal invitation to the petitioner on 18.2.2010 to attend the pre-bid meeting which was scheduled on 20.2.2010. The pre-bid meeting held on 20.2.2010 by the respondent no.1 was attended by the petitioner's representative Mr. Ashish Sahay.

3. Pursuant to RFP issued by the respondent no. 1, the petitioner submitted its b




































































































































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