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2019 Supreme(Cal) 426

THOTTATHIL B.RADHAKRISHNAN, BIBEK CHAUDHURI
R-MC Power Recovery (India) Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jishnu Saha, Anuj Singh, S.E. Huda, Shibendu Patra, Ashok Kr. Singh.
For the Respondent: Kaushik Chanda, Indrajit Dasgupta, Anirban Mitra.

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. The Directorate of Procurement, Foreign Purchase Wing (FPW) Air Headquarters, issued request for proposal for supply of NRS spares for Jaguar Air Craft, RFP No. AIRHQ/CPF-243/AHQ/JAGUAR/W1725041/PUR under single bid system on LTE basis. Such request was not addressed to the first writ petitioner R-MC Power Recovery (India) Pvt. Ltd. hereinafter referred to as the petitioner. It, therefore, took steps in an attempt to enable it to participate in the bid. It took the stand that it is entitled to be permitted to participate in the bid under Single Bid System on LTE basis, on the strength of different eligibilities that it purportedly has. It being, apparently, relevant as to whether the petitioner was eligible to participate in the bid without being registered in terms of the Defence Procurement Manual, 2009 (Revenue Procurement) issued by the Government of India, Ministry of Defence; hereinafter referred to as the 'Manual' for short the petitioner pleaded that it was eligible for registration; and that, notwithstanding that its request for such registration is still pending, it is eligible to participate on the basis of its other credential

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