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2014 Supreme(Bom) 1007

R.M.BORDE, A.M.BADAR
Royal Power Turnkey Implements Pvt. Ltd. Through its Authorized Signatory – Appellant
Versus
Maharashtra Industrial Development Corporation through its Chief Executive Officer – Respondent


Advocates appeared:
For the Petitioner:Pradeep Deshmukh, h/f. H.A. Joshi, Advocates.
For the Respondents:R1 to R3, S.S. Deve, Advocate.

Judgment :

A.M. Badar, J.

1. Heard. Rule. With consent of parties, Rule is made returnable forthwith.

2. By the instant petition, the petitioner, which is a private limited Company, is praying for quashing and setting aside the tender notice No. 31/201314, published by the respondent No.1 – Maharashtra Industrial Development Corporation, Mumbai (For short, “the MIDC”), and for declaring that the action of the respondent No.1 in inviting fresh tenders for the work which was already tendered by it, is contrary to the principles of natural justice and fair play.

3. Facts, necessary for deciding the instant petition can be summarized as under:

In response to tender notice bearing No. 17/2013-14, issued by the respondent No.1 – MIDC, the petitioner company which is A-Class Electrical contractor, has submitted its tender for providing, erecting and commissioning of 33/11kv sub station, 2 x 10 MVA Transformer and 6 outgoing feeder substation in SEZ of Shendra Five Star Industrial Area in District Aurangabad. The tender process was in two stages. First stage involved technical evaluation and the second stage involved financial evaluation of the bids submitted by the tenderers.

It is ca























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