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2021 Supreme(Pat) 38

ASHUTOSH KUMAR
Ems Infracon Pvt. Ltd. M/s Technocraft Construction Pvt. Ltd. JV – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
S.D. Sanjay, Advocate, Parul Prasad, Advocate, Lalit Kishore, Advocate, Manoj Kumar Singh, Advocate

JUDGMENT

Ashutosh Kumar, J. - Heard Mr. S.D. Sanjay, learned senior counsel for the petitioner and Mr. Lalit Kishore, learned senior counsel/Additional Advocate General for the respondents. Mr. Manoj Kumar Singh, learned counsel for Union of India has also rendered his assistance.

2. The petitioner has challenged the order of blacklisting dated 04.11.2020 passed by the respondent/ BUIDCO on the ground of the same being arbitrary, malafide and only for the purpose of deliberately disqualifying the petitioner from participating in any future bid, particularly the present bid, so as to provide advantage to a private respondent/ M.S. Toshiba Water Solutions Private Limited.

3. The sum and substance of the argument of the petitioner is that the rejection of the technical bid of the petitioner on the sole ground of his having furnished misleading information with respect to the experience in setting up of sewage treatment plant, is absolutely unwarranted, unjustified and is not borne out by the facts of the case. In the Standard Bidding Document (S.B.D.), qualification criteria has been set forth in Annexure -A of part-H thereof. It specifically delineates that a bidder's qualification woul

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