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2021 Supreme(Bom) 1705

A.A.SAYED, S.G.DIGE
Sai Agencies, Jalna – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Shriram Kulkarni, Pranjal Khatavkar.
For the Respondent: Mrs. R.M. Shinde, G.H. Keluskar, Ashok Dhanuka, Ashish Jain, Ms. Vidhi Karia.

JUDGMENT :

S.G. Dige, J.

The petitioner, a sole proprietorship firm, is essentially objecting to rejection of its tender at technical bid level and allotment of tenders to the respondent No. 3-Guruji Infrastructure Private Limited and respondent No. 4-Ajit Swayam Rozgar Seva Sahakari Sanstha Maryadit by respondent No. 2 as successful bidders.

2. The present Petition relates to the Tender floated by respondent No. 2-Pimpri Chinchwad Municipal Corporation (for short, “respondent No. 2”) in August, 2019 for maintenance and protection of the gardens (for short, “the said Tender”) situated within the jurisdiction of the respondent No. 2.

3. Accordingly, the petitioner submitted its technical bid as well as financial bid along with all requisite documents for garden works of Serial Nos. 10 to 14 of said Tender. Out of these works, the petitioner is objecting to allotment of work of two gardens to respondent Nos. 3 and 4. The petitioner is also challenging the validity of tender condition No. 3 of said Tender. During pendency of this Petition, the petitioner has amended the Petition and sought some additional reliefs.

4. The scope of judicial review in the tender matters have been considered b

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