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2021 Supreme(Bom) 1704

S.V.GANGAPURWALA, R.N.LADDHA
Shrishri Infrastructure Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: S.H. Tripathi.
For the Respondent: A.R. Kale, M.S. Sonawane, D.B. Thoke.

JUDGMENT :

R.N. Laddha, J.

Rule. Rule made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of the learned Counsel for the parties.

2. By this petition, under Article 226 of the Constitution of India, the petitioner seeks to impugn the legality of the tender process followed by respondent Nos. 2 to 4 which resulted in the petitioner being held ineligible for the financial bid, which act of the respondent Nos. 2 to 4, according to the petitioner, is illegal, arbitrary and in violation of express terms of tender document dated 19-11-2020. The petitioner, therefore, prays for a writ directing respondent Nos. 2 to 4 to declare the petitioner as being eligible for the financial bid and further to declare the petitioner as the lowest bidder and therefore, entitled to the award of work under the said tender bid.

3. The petitioner is a private limited company duly registered under the provisions of the Companies Act, 2013. The petitioner is registered as a contractor with the Zilla Parishad, Jalgaon. The respondent No. 4 published a Public E-tender Notice bearing No. 05/2020-21, on 19th November, 2020, inviting online percentage

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