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2018 Supreme(Bom) 854

SHANTANU KEMKAR, NITIN W.SAMBRE
Proactive In & Out Advertising Pvt. Ltd. – Appellant
Versus
Pune Mahanagar Parivahan Mahamandal Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Milind Sathe Senior Advocate a/w Mr. J.G. Reddy.
For the Respondents: Mr. Rohit P. Sakhdeo, Mr. A.I. Patel Addl. GP.

JUDGMENT :

NITIN W. SAMBRE, J.

The petition is arising out of a tender matter wherein for selection of reputed agency to manage advertisement spaces (non-AC buses in Pune Metropolitan area) was invited by respondent nos. 1 & 2.

2. It is the case of the petitioner that pursuant to his offer accepted by the respondent after negotiation on 24/01/2018, on 31/01/2018, a letter of intent came to be issued to him. Pursuant to the requirement under the letter of intent, the petitioner submitted his acceptance for selection ordered by the respondents vide communication dated 06/02/2018. According to him, clause 4.10 of the tender conditions provides for furnishing of performance bank guarantee within period of 15 business days from the date of Award. According to him before expiry of 15 working days period vide impugned order dated 08/02/2018, the tender allotted in favour of the petitioner has been cancelled on the ground, performance bank guarantee and letter of acceptance was not received by the respondent. Vide order dated 08/02/2018, respondents have floated fresh tenders in which the petitioner is also instructed to participate.

It is this order of cancellation, tender and issuance of re-








































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