S.C.GUPTE, M.S.KARNIK
Perfect Alloys and Steel Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
M.S. KARNIK, J.
Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.
2. This Petition under Article 226 of the Constitution of India takes exception to the tender conditions in the Notice inviting tender dated November 8, 2019. Petitioner - Company has prayed for further consequential reliefs.
3. Petitioner No.1 - Company is engaged in the business of manufacturing of different types of Liquid Processed Gas (LPG) Cylinders. Respondent No.2 - Hindustan Petroleum Corporation Limited (‘HPCL’ for short) is a Government of India Enterprise engaged in refining and marketing of petroleum products throughout the country.
4. Respondent No.2, on November 8, 2019, floated a tender (hereafter referred to as ‘NIT’ for short) bearing No.1900789-HD-10157 inviting bids for procurement of 89.87 lacs of 14.2 kg LPG cylinders fitted with Self Closing Type LPG Cylinder Valves to various LPG Bottling Plants. The bid of Petitioner No.1 was rejected on the ground that Petitioner No.1 did not comply with the essential terms and conditions of the tender as it did not submit bid for ten States. The Petitioner decided to accept the decision of Respondent No.2 rejectin
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