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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
Nandkumar Infrastructure LLP – Appellant
Versus
Superintendent Engineer – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is heard finally.
2. Petitioner has filed the present Petition challenging the decision of Respondent No.2 rejecting its bid thereby refusing to consider its financial bid in the impugned tender process. The Petitioner has also challenged the decision of Respondent Nos. 1 and 2 in declaring Respondent No.4 as the successful bidder.
3. Brief facts leading to filing of the Petition are that Respondent Nos.1 and 2 issued Tender Notice dated 23 August 2024 for execution of Road Maintenance Work on NH-965D at estimated cost of Rs.3,22,63,404/-. Petitioner submitted its bid in pursuance of the Tender Notice. After completion of technical scrutiny of the bids, Petitioner’s bid was rejected as ‘non-responsive’ on the ground that it failed to submit notarized business transfer agreement. Petitioner’s bid was rejected as non-responsive vide scrutiny sheet dated 23 September 2024 by citing various reasons such as failure to submit legal document showing relationship between the Petitioner and M/s. Nandkumar Constructions, non-certification of
Experience from a partner in a proprietary firm can be counted towards the eligibility of a Limited Liability Partnership in tender evaluations.
The eligibility of a partnership firm in tender processes can be established through the financial credentials of its individual partners, affirming courts' limited interference in administrative dec....
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
The experience of a partner can be considered as the experience of the partnership firm, and the date of joining the partnership is immaterial for the purpose of experience as contemplated in the cla....
The experience of associated firms cannot be considered without a formal declaration of a joint venture, affecting eligibility in tender processes.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
A subsidiary company can rely on the experience of its parent company and cannot be rejected solely for lacking its own experience. Penal provisions cannot be invoked against a subsidiary based on th....
Bidders must comply strictly with tender requirements; misleading information and poor performance can result in disqualification. Judicial review in tender cases should maintain restraint, supportin....
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