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2023 Supreme(Bom) 1448

A. S. CHANDURKAR, VRUSHALI V. JOSHI
S. D. P. L. And C. C. C. P. L. , A Joint Venture, Yavatmal – Appellant
Versus
Public Works Department, Mantralaya, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri S.P. Bhandarkar
For the Respondent: Shri A.A. Madiwale, Shri M.G. Bhangde, Shri R.M. Bhangde

JUDGMENT :

The challenge raised in this writ petition is to the action on the part of the respondent nos.1 to 4 in cancelling Tender No. 82861 pursuant to the tender notice issued on 10.02.2019. Further prayer has been made by the petitioner seeking issuance of work order in its favour pursuant to the petitioner being the lowest bidder for the work in question.

2. The petitioner, a registered contractor firm which is functioning as a joint venture participated in the notice inviting tender dated 05.02.2019 whereby bids were invited for the work of improvement of State Highway No.315 from Kilometer 39/500 to 69/000 at Taluka Jhari, District Yavatmal. The last date for submission of bids was 20.02.2019 and the bids were to be opened on 25.02.2019. The technical bids of two bidders including the petitioner were found to be competent and thereafter the financial bids came to be opened. The financial bid submitted by the petitioner was found to be the lowest. Based on this, the respondent no.4 by communication dated 01.03.2019 sought approval from the respondent no.3 for issuance of the work order. It is the case of the petitioner that some complaints came to be made in the matter of the

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