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2021 Supreme(Bom) 1097

S.C.GUPTE, M.S.KARNIK
Munawar Amirali Mukadam – Appellant
Versus
Oil And Natural Gas Corporation Ltd. – Respondent


Advocates appeared:
R.D. Soni, Advocate, Irvin Dsouza, Advocate, Abhinav Chandrachud, Advocate, Nishit Dhruva, Advocate, Prakash Shinde, Advocate, Khushbu Chhajed, Advocate, Abhishek Bhavsar, Advocate, Alisha Shah, Advocate, Kunal Gaikwad, Advocate, Karl Tamboly, Advocate, Ramiz Shaikh, Advocate, Akshay Bafna, Advocate

JUDGMENT

S.C. Gupte, J. - 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, including

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