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2022 Supreme(Bom) 33

A. S. CHANDURKAR, G. A. SANAP
V. N. Reddy Through its Proprietor – Shri V. Narsimha Reddy S/o Obula Reddy – Appellant
Versus
Superintending Engineer, Vidarbha Irrigation Development Corporation – Respondent


Advocate Appeared:
For the Appellant : Shri S.D. Chopde,
Advocate for petitioner.
For the Respondent:S/Shri S.G. Jagtap with Shri H.D. Marathe, Advocates, Shri Tushar Tathod, Advocate

JUDGMENT :

A.S.Chandurkar, J.

1. Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The challenge raised in this writ petition is to the issuance of work order dated 07.05.2021 by the Executive Engineer, Lower Wardha Project, Division Wardha-second respondent in favour of the third respondent.

3. The facts relevant for considering the challenge to the issuance of the work order are that the second respondent on 18.01.2021 issued a tender notice calling upon interested bidders to submit their bid documents with regard to three works. The work at serial no.1 which is “construction of land development works (Part-I) of Gadegaon main minor off-taking @ R.D. 4995 M on Nandgaon Dy” is the subject matter of the writ petition. Pursuant to the tender notice three bidders submitted their bids. The technical bids were opened on 08.02.2021 and the bids submitted by the petitioner and the third respondent were found to be eligible. On opening of the financial bid on 12.03.2021 it was found that the financial bid of the third respondent was lowest and therefore as required by Clause 2.22.0 the third respondent was required to furnish additional performance securit

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