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2019 Supreme(Bom) 734

SUNIL B.SHUKRE, PUSHPA V.GANEDIWALA
Silver Jubilee Traveller Ltd – Appellant
Versus
Mihan India Limited – Respondent


Advocates Appeared:
R.D. Dhande, Adv., S.Y. Deopujari, Adv.

JUDGMENT :

Sunil B. Shukre, J.

Rule. Rule is made returnable forthwith. Heard finally by consent of petitioner and respondent no.1. Though, respondent nos. 2, 3, 5, 6 and 7 are served, none appears for and on their behalf. Notice to respondent nos.4 and 8 is dispensed with.

2. Petitioner is one of the bidders, who had submitted his bid for award of contract of Ground Handling Services at Dr. Babasaheb Ambedkar International Airport, Nagpur. At the time of consideration of technical bid, it was found that the petitioner had no requisite experience in Ground Handling Services, as required under clause 8.3.1 (ii) of the MIHAN India Limited, Request For Proposal ('RFP' for short). There was also another reason for declaring the petitioner as disqualified to take part in the tender process and it was in relation to clause 8.3.2 (ii) of the RFP. This has been specifically mentioned in the impugned communication, by which the petitioner has been informed that he has been disqualified at the round of Technical Bid in not fulfilling criteria of clause 8.3.2 (ii).

3. According to Mr. Dhande, both these reasons are not borne out from the documents filed by the petitioner at the time of submission



























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