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2024 Supreme(Bom) 246

VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Pharmaveda (I) Pvt. Ltd. – Appellant
Versus
Chief Executive Officer, Zilla Parishad Nandurbar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: A.S. Khandeparkar, Sujay Gawade, R.R. Karpe.
For the Respondents: P.S. Patil, V.D. Sapkal, S.R. Sapkal, V.M. Jaware.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Rule. Rule made returnable forthwith. Heard learned Advocates for the appearing parties finally by consent.

2. The petitioner is challenging its disqualification in the technical bid as well as the acceptance of technical bid of respondent Nos. 2 and 3 by respondent No. 1.

3. The petitioner is the manufacturer of specialty food products including the product under the food category 13.5 Dietetic Foods/Foods for Special Dietary Use. It is a company registered under the Companies Act. Respondent No. 1 had invited bids for supply of multi-micronutrient supplement granules to children in the age group of 3 to 6 years at Anganwadi centers in tribal areas as well as micronutrient supplement granules to pregnant and lactating mothers in Nandurbar district. The action on behalf of respondent No. 1 in declaring that the petitioner does not qualify at the time of technical bid and respondent Nos. 2 and 3 are qualified, has been challenged on following grounds:

    (1) The act is illegal and contravening the procurement rules of Maharashtra government.

(2) Though the petitioner had uploaded all the documents, they were not properly evaluated and the documents which we

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