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2014 Supreme(Bom) 1140

A.S.OKA, A.S.CHANDURKAR
TPS Infrastructure Limited – Appellant
Versus
Thane Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
Mr Pradeep Havnur a/with Ms Makafoua, Advocate for the Petitioners.
Mr R.S. Apte, Senior Advocate i/by Mr N.R.Bubna, Advocate for Respondent Nos. 1 to 3.

ORAL ORDER

PER : A.S.CHANDURKAR, J.

1. The issue that arises for consideration in this writ petition under Article 226 of the Constitution of India is whether a prospective bidder can seek enforcement of suggestions/amendments given by him to the authority issuing the bid.

2. The aforesaid issue arises in the backdrop of E-Tender Notice dated 4th January, 2014 issued by Respondent No.1 Thane Municipal Corporation. By aforesaid E-Tender notice, the Corporation intended to invite bids for supply, operation and maintenance of vehicle mounted suction-cum-Jetting Machine with Recycling facility for cleaning / desilting of sewer lines in Thane City area. The petitioner No.1 claims to be a leading manufacturer of sewer lines maintenance equipments. According to the Petitioners, after perusing the E tender documents, they found certain technical specifications and qualification criteria to be highly restrictive. Hence, on 20th January, 2014 the Petitioners gave some suggestions/amendments to the Corporation which according to them were not suitable considering the nature of work proposed to be done. A Pre-Bid Meeting was held on 21st January, 2014 that was attended by the Petitioners as well
























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