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2020 Supreme(Bom) 1251

SUNIL B.SHUKRE, AVINASH G.GHAROTE
R. K. Chavan Infrastructure Pvt. Ltd. – Appellant
Versus
State of Maharashtra Through Secretary Public Works Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner:M.G. Bhangde, Senior Advocate, V.V. Bhangde, Advocate.
For the Respondents:R1 to R4, N.P. Mehta, A.G.P., R5 & R6, A.D. Mohgaonkar, Chaitanya Mohgaonkar, R7, S.P. Bhandarkar, P.P. Deshmukh, Advocates.

JUDGMENT :

Avinash G. Gharote, J.

1. Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

2. By the present petition challenge is raised (a) to the communication dated 31/8/2019 issued by the respondent no.4 (the letter by which, the offer of the petitioner, which was initially accepted as L-1 is rejected -Annexure-12/pg.191); (b) the communication dated 20/8/2019 issued by the respondent no.5 (Annexure – 9/pg. 182), whereby the work experience certificate issued in favour of the petitioner by the respondent no.6 was canceled); (c) the communication dated 9/8/2019 (Annexure -24-A/ pg.361-C & D), whereby the objection of the petitioner dated 8/8/2019, to the eligibility of the respondent no.7 has been rejected and (d) a further declaration has been sought that the respondent no.7 does not satisfy the technical eligibility criteria of the subject tender process and is as such disqualified to participate therein.

3. The facts leading to the present petition are as under:-

    (a) On 29/6/2009, a notice inviting tender (NIT) was publ

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