JUDGMENT :

S.V. GANGAPURWALA, J.

1. Respondent No.1 Brihan Mumbai Electricity Supply and Transport Undertaking (hereinafter referred to as the “BEST”) is engaged in service activity of public passenger transport covering areas in the City of Mumbai and its extended suburbs. On 26th February 2022 Respondent No.1 issued e-tender notice inviting twobid e-tender for operation of Stage Carriage Services for public transport of 1400 (+ 50% variation) Single Decker AC Electric buses with driver

2. In response to the said tender, eight parties including the Petitioner and Respondent No.2 submitted their technical and financial bid. The technical bid of five tenderers including Petitioner No.1 were rejected. Three bidders, including Respondent No.2 were held responsive. Respondent No.2 is awarded the contract pursuant to the said tender. The technical bid of Petitioner No.1 is rejected. Aggrieved by the rejection of the technical bid, the Petitioner filed the instant Writ Petition. During pendency of the Writ Petition, Respondent No.2 is issued with the contract. The Petitioner has also assailed the same.

3. Dr.Abhishek Singhvi, learned Senior Advocate appearing for the Petitioner, during the c