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2018 Supreme(Bom) 2932

R.K.DEHSPANDE, VINAY JOSHI
Kauser Ali – Appellant
Versus
Western Coalfields Ltd. – Respondent


Advocates Appeared:
Mr. M.V. Samarth, Advocate, for the Appellant; Shri A.M. Ghare, Advocate, for the Respondents

JUDGMENT

Vinay Joshi, J. (Oral) - Rule made returnable forthwith. Heard finally by consent of the parties.

2. The Petitioner Bidder has challenged the communication dated 14.07.2017, issued by respondent no.2 General Manager, Western Coalfields Limited, directing forfeiture of EMD to the tune of Rs. 8,91,300/and banning the petitioner from participating in future bid for Western Coalfields Limited, for period of three years.

3. Respondent no.2 had issued tender for transportation of Coal. The petitioner participated in the tender process. The petitioner''s tender was accepted in auto evaluation, but, during physical verification it was found to be ineligible.

4. It is the stand of the petitioner that as per tender conditions he submitted all the requisite documents, still on the premise of giving wrong information, he was disqualified and this was followed by the impugned action.

5. After going through the tender conditions, it is revealed that the bidder is required to furnish the documents in all respect. It is not the case of respondents, that the petitioner has furnished false information or submitted incomplete documents. Moreover, the impugned show cause notice no where bears

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