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2021 Supreme(Bom) 240

S.C.GUPTE, M.S.KARNIK
O. K. Marine – Appellant
Versus
Oil and Natural Gas Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. R.D. Soni, Irvin D’souza.
For the Respondents: Dr. Abhinav Chandrachud, Mr. Nishit Dhruva, Mr. Prakash Shinde, Ms. Khushbu Chhajed, Mr. Abhishek Bhavsar, Ms. Alisha Shah, Mr. Kunal Gaikwad, Mr. Karl Tamboly, Mr. Ramiz Shaikh, Mr. Akshay Bafna.

JUDGMENT :

S.C. GUPTE, J.

1. Heard learned Counsel for the Petitioner and learned Counsel for Respondent No. 1- ONGC and Respondent Nos. 4 and 5, who are the rival contractors, who have been awarded the subject contract pursuant to a bidding process, which is the subject matter of challenge in the present petition at the instance of the Petitioner.

2. The Petitioner claims to be a sole proprietor of a firm carrying on business of fresh water supply through barges. The Petitioner has been one of the contractors supplying water to Respondent No. 1 ONGC. On 26 November 2020, Respondent No. 1 invited Indigenous Open Tender for eprocurement for supply of water to its offshore facilities, including the Nhava Supply Base. The tender was a two bid system - a technical bid followed by a commercial bid. The Petitioner was one of the contractors, who submitted a bid. There were three others, who had also submitted bids. These others included Respondent Nos. 4 and 5, who have been successful bidders, whilst the third bidder was one Royal Traders, which happens to be a sole proprietorship of the Petitioner’s father. Whilst the Respondent ONGC had cleared the technical bids of all four bidders, inc

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