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2021 Supreme(Bom) 1674

A.A.SAYED, S.G.DIGE
eSmart Energy Solutions Ltd. – Appellant
Versus
Sangli Miraj Kupwad Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Yadkikar, Ashwin Sakolkar, Shashank Shubham
For the Respondent: Vikram N. Walawalkar, Amey C. Sawant, Gaurav Thote

JUDGMENT :

S.G. Dige, J.

By this Petition under Article 226 of the Constitution of India, the Petitioner takes exception to the acceptance of the technical bid of the Samudra Electronic System Pvt. Ltd., (for short, Respondent No. 2) and rejection of its technical bid by the Sangli Miraj Kupwad Municipal Corporation (for short, Respondent No. 1).

2. Briefly stated, the facts are as under :

    (a) The Petitioner is a Public Limited Company. The Sangli Miraj Kupwad Municipal Corporation floated a Tender dated 26th March, 2021 for the work of Implementation of Energy Efficiency Measures in Public Street Lightening System in Sangli Miraj and Kupwad City Municipal Corporation under a shared savings framework replacement of existing street lights with High Efficiency Smart LED streetlights, installation of smart LED streetlights on empty poles and replacement of existing switching points with IOT based Centralised Control Monitoring System (CCMS) using GPRS/GSM and wireless communication technology for Individual Lamp Group of lamps controlling using Customised Lighting Management Software (LMS) on ESCO basis, including existing infrastructure rectification for a period of 15 years after Projec

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