NISHITA MHATRE, TAPABRATA CHAKRABORTY
Tirupati Agro Seed Distributors Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
Nishita Mhatre, J.
1. The dispute in the present appeal is whether words can be added to the tender document at a later stage, after the bids are received, while interpreting the document.
2. The facts are within a narrow compass. The Additional District Magistrate (G), North 24 Parganas floated an e-tender on 18th April, 2017 inviting bids from “Government/Undertaking/Corporations/Co-operative Societies/SHG/Clusters/Federations/Food Production Units/NGOs for preparing and supplying ready to eat (RTE) food in powdered form and consisting of ingredients mentioned in Clause 1 of the tender document. The supply of such RTE food was for the consumption of ICDS beneficiaries, that is, children of the age of six months to six years as morning snacks in Anganwadi Centres for a period of one year. The ingredients of the RTE food packets were specified as Bengal Grams (whole roasted) and oats (whole roasted) in a stipulated proportion, besides sugar to be supplied in “specific packets”. Under Clause 4 of this e-tender notice a tenderer having at least one year’s experience in supply of similar kind of RTE food with an annual turnover of more than one crore was eligible to participat
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