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1994 Supreme(Pat) 200

INDU PRABHA SINGH, BISHESHWAR PRASAD SINGH
Continental Pump And Motors Ltd. Gaziabad (Up) – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner-Company. M/s. Continental Pump and Motors Ltd. Gaziabad (U.P.) has filed the instant writ application for issuance of a writ of mandamus or any other appropriate writ or direction commanding respondent Nos. 1 to 3, the State of Bihar and its authorities, to award to it the contract for supply of submersible pump sets along with accessories and spare parts pursuant to the tender submitted by the petitioner-Company in response to a tender notice. The petitioner claims that the rates offered by it were the lowest so far as schedule 2 items were concerned and the second lowest so far as, schedule-1 items were concerned. Yet the contract was awarded to respondentt No. 4 M/s. K.S.B. Pumps Ltd. for supply of schedule 1 items, and to respondent No. 5, M/s. International Pumps and Project (India) Ltd. for supply of Schedule 2 items. It is contended that the petitioner-company fulfilled all the terms and conditions of the tender notice, and hence the respondent-authorities have acted arbitrarily and mala fide in awarding the contracts to respondent Nos. 4 and 5.

2. All the respondents have appeared at the stage of admission itself and filed counter-affidavit etc. Ha











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