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2021 Supreme(Bom) 97

M.S.SONAK
Qingdao Construction Enginering Group Company Limited - M/s. Venkata Rao Infra Projects Private Limited (JV) – Appellant
Versus
Government of India Through Ministry of Road Transport & Highways represented by the Chief Engineer (NH, R&B) – Respondent


Advocates Appeared:
For the Petitioner:A.R. Kantak, R. Kantak, Advocates
For the Respondents: P. Faldessai, Assistant Solicitor General of India with R. Chodankar, Central Govt. Standing Counsel

Case Referred:

Bharat Sanchar Nigam Limited v. Telephone Cables Limited (2010) 5 SCC 213).

JUDGMENT :

1. Heard Mr. A. R. Kantak for the Petitioner and Mr. P. Faldessai, Assistant Solicitor General of India for the Respondents.

2. The petitioner is a joint venture concern comprising of Qingdao Construction Engineering Group Company Limited - M/s Venkata Rao Infra Projects Private Limited (JV). On 23.12.2016, the respondents invited requests for proposals (RFP) for the work of fourlaning of NG-17 from existing km.475.000 to km. 502.500 (Patradevi to Karaswada Section) through an Engineering Procurement and Construction Agreement (EPC) in the State of Goa (said project). The builders were required to submit a technical bid and a financial bid in the format prescribed.

3. The petitioner claims to have submitted a financial bid of INR 472,88,79,000/-, inclusive of taxes and an amount of INR 444,51,46,000/-, exclusive of taxes.

4. It is further the case of the petitioner that the respondent vide communication dated 06.10.2017 conveyed acceptance of the petitioner's bid, albeit for a bid amount INR 444,51,46,000/-.

5. The petitioner, therefore, by communication dated 16.10.2017 requested the re

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