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2021 Supreme(Bom) 423

S.V.GANGAPURWALA, SHRIKANT D.KULKARNI
IMS BHATIA TRANSPORT CONTRACTOR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: V. R. Dhorde, A. B. Kadethankar holding for S. S. Rathi
For respondent No. 1: D. G. Nagode, V. D. Sapkal, Senior Counsel instructed by D. S. Manorkar

ORDER :—

The respondent Nos. 2 and 3 issued an on-line tender notice for transportation and rake handling of fertilizers to its dealers from Nanded Maltekadi Rake Point to different dealers in Nanded District.

2. Pursuant to the tender notice, the petitioner along with others filled in the tender. The petitioner’s technical bid is rejected on the ground that the petitioner does not possess the experience of rake handling and transportation as per NIT requirements. The same is assailed in the present writ petition.

3. The work experience required by the tenderer as per the clause in the tender reads thus —

    III – CRITERIA FOR TECHNICAL EXPERTISE

WORK EXPERIENCE: The Tenderer should have work experience of having successfully completed RAKE HANDLING and TRANSPORTATION WORKS OF BAGGED MATERIAL. The Tenderer should submit the Work Orders and the corresponding Work Completion certificates/Experience certificate, duly obtained from Manufacturer/Handling agency Govt. Dept./PSU/Public Ltd. Company dealing in Fertilizers, Food Grains, Cement or similar products. Such work experience should be during last 7 years ending last day of month previous to the one in which applications are invited.

4. T

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