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2021 Supreme(Bom) 120

S.V.GANGAPURWALA, SHRIKANT D.KULKARNI
Tirupati Construction, Through its Proprietor Ramrao – Appellant
Versus
State of Maharashtra Through the Secretary to the Government of Maharashtra in Rural Development Department, Mantralaya – Respondent


Advocates Appeared:
For the Petitioner:N.P. Patil Jamalpurkar, Advocate
For the Respondents:K.N. Lokhande, U.B. Bondar, R5, A.S. Shivpuje, Advocates

JUDGMENT :

Shrikant D. Kulkarni, J.

1. Rule. Rule made returnable forthwith. Heard finally at admission stage with the consent of both the sides.

2. The factual matrix is as under:

2(i) The petitioner / M/s. Tirupati Construction, Latur is a propitiatory firm engaged in construction work. Respondent No.2/ Chief Executive Officer, Zilla Parishad, Latur had issued E-tender notice inviting tenders from the eligible contractors for construction of balance work of primary health centre, Wadwa, Tq. Chakur, Dist. Latur. The petitioner has filled in E-tender along with earnest amount of Rs. 2,14,920/- and tender fees of Rs.10,000/-. The petitioner has quoted an amount of Rs. 1,97,74,761.65 Ps. The Respondent No.5 has also filled in E-tender for the same work and quoted an amount of Rs. 2,10,81,473.43 Ps. On 17.04.2020, technical bids were opened by respondent Nos. 3 and 4, and four tenders were qualified for commercial/financial bids. On same day, i.e. on 17.04.2020, the commercial/finance bids were opened and tender of the petitioner being lowest one was accepted. Whereas, remaining three tenders were rejected. As per the terms and conditions of E-tender notice, the petitioner has deposited a

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