B.P. DHARMDHIKARI, J.

1. Rule, made returnable forthwith and heard finally with consent of parties.

2. The petitioner Firm questions the communication dated 7.9.2015 issued to it by respondent no. 2 pointing out that it has not submitted the certificate of availability of credit from its banker towards the evidence of adequacy of working capital as per notice inviting tenders (NIT).

3. This Court issued notice in the matter on 21st September 2015 and at that time, passed the following order:-

“Heard Shri A.A. Naik, learned counsel for the petitioner.

It appears that in the earlier tender process dated 16.3.2015 and thereafter dated 18.5.2015, the petitioner has been permitted to participate on the basis of documents i.e. Certificate of Chartered Accountant showing his financial capacity. The Banker's certificate which is being insisted upon now, was then not asked for.

Notice, returnable on 29.9.2015.

Though the respondents may proceed further with consideration of other offers, it is open to them to simultaneously evaluate offer of the petitioner also without prejudice to their defence in the present petition.

Though tender process may continue, work order shall not be iss