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2022 Supreme(Bom) 1083

R. D. DHANUKA, KAMAL KHATA
Valuable Edutainment Private Limited – Appellant
Versus
Municipal Corporation of Greater Mumbai (M. C. G. M. , a Public Body) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Rafique Dada, Senior Advocate a/w Mr.Anil Anturkar, Senior Advocate and Mr.Karl Tamboly, Mr.Ameet Mehta, Mr.Nirav Marjadi, Ms.Digisha Modh, Ms.Srushti Mehta i/by M/s.Solicis Lex Advs.
For the Respondent:Mr.Burhan Bukhari a/w Ms.Sheetal Metakari i/by Mr.Sunil Sonawane, M.C.G.M. Mr.Venkatesh Dhond, Senior Advocate a/w Mr.Shadab Jan, Komal Khushalani i/by M/s.Crawford Bayley Advs.

JUDGMENT :

R.D. Dhanuka, J.

1. By this petition filed under Article 226 of the Constitution of India, the petitioner prays for writ of certiorari for quashing and setting aside the evaluation of bids invited pursuant to the Bid Notification No.7200025560 published by the respondent nos.1 and 2 in favour of the respondent no.3 and against the petitioner.

2. The petitioner also seeks a writ of mandamus for a declaration that the respondent no.3 has been wrongly and unfairly declared as the successful bidder/lowest bidder and that the petitioner is entitled to be declared as the successful bidder/lowest bidder and that the petitioner is eligible for being awarded the contract/work order pursuant to the said Bid Notification. Some of the relevant facts for the purpose of deciding this petition are as under :-

3. On 18th January 2022, the respondent no.1 Corporation floated an E-Tender vide Bid Notification No.7200025560 for “Supply, Installation, Testing, Commissioning, Operation and Maintenance of Virtual Classrooms for Virtual Training Centres (VTC) & Studios for the respondent no.1 Schools for five years on VSAT (very-small-aperture terminal) Technology.” The petitioner purchased the sa

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