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2022 Supreme(Pat) 477

MOHIT KUMAR SHAH
JMC Projects (India) Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Vikash Mishra, Anjani Kumar Jha (in 208, 211).
For the Resp. No.2 : M/s Lalit Kishore, Vikash Kumar(in both); Mrigank Mouli, Sr. Adv., Venkatesh Kirti (in 208); Chittranjan Sinha, Sr. Adv., Aditya Shankar Prasad, Sanchay Shrivastava (in 211).

MOHIT KUMAR SHAH, J.:–Regard being had to the commonality of the controversy in both the aforesaid writ petitions, it was thought apposite to hear them analogously and accordingly, they were heard together with the consent of the parties and are being disposed of by the present singular order.

2. The aforesaid two writ petitions have been filed for declaring that the petitioner qualifies the criteria laid down in Clause 4.5(A)(b) and 4.5(D) of the Instruction to Bidders contained in the Notice Inviting Tender dated 10.6.2019 and consequently, hold that the technical bid submitted by the petitioner qua the aforesaid two cases is responsive in terms of Clause 25.1 of the Instruction to Bidders contained in the NIT dated 10.6.2019, floated by the Respondent No. 2 i.e. the Bihar Medical Services and Infrastructure Corporation Ltd. (hereinafter referred to as the “BMSICL”). The petitioner of the aforesaid two cases has further prayed for quashing the minutes / proceedings of the meeting of the Technical Tender Committee of the Respondent No. 2 dated 03.01.2020 whereby and whereunder

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