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2020 Supreme(Bom) 752

S.V.GANGAPURWALA, SHRIKANT D.KULKARNI
Jalgaon Golden Transport Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Pradnya Talekar, Advocate, A.G. Talhar, Advocate, Milind Patil, Advocate, Avinash Irpatgire, Advocate, Milind M Joshi, Advocate

JUDGMENT

Shrikant D. Kulkarni, J. - Rule. Rule made returnable forthwith. The petition is taken up for final disposal at admission stage with the consent of the parties.

2. The petitioner, who had participated in a tender process for appointment of Handling and Transport contractor at MSWC, Dondaicha (Wani and Rami Road) for a period of two years issued by the respondent No. 2, whereby his technical bid came to be rejected and same is challenged in the present petition by invoking Article 226 of the Constitution of India.

    The factual matrix is as under :-

    3. The tender notice was published on 07.05.2020 inviting online tenders from the tenderers for appointment of Handling and Transport contractor at MSWC, Dondaicha (Wani and Rami Road) for a period of two years issued by the Food Corporation of India/respondent No. 2. The last date for submission of tender was 30.05.2020 and tenders were to be opened on 01.06.2020. The estimated value of the contract was Rs. 10,00,00,000/-. The earnest money of Rs. 20,00,000/- and security deposit of Rs. 50,00,000/- was required to be deposited with further clause to furnish bank guarantee to the tune of Rs. 1,00,00,000/- .

    4. The qualification con

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