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2021 Supreme(Chh) 16

P. R. RAMACHANDRA MENON, NARENDRA KUMAR VYAS
Ram Gopal Somani Through its Partner, Ram Gopal Somani, S/o Late Shri Ganesh Narayan Ji Somani – Appellant
Versus
Bilaspur Smart City Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Kshitij Sharma, Advocate
For the Respondents:Mr. Mateen Siddiqui, Mr. B.D. Guru and Mr. S.S. Baghel, Advocates

JUDGMENT :

P.R. Ramachandra Menon, J.

1. Identification of the successful bidder, pursuant to an allegedly wrong decision making process, ignoring the specific terms in the Tender Notification, in an attempt to extend undue favour to the 3rd Respondent, is the subject matter of challenge in this writ petition. The main ground of challenge is that, the 3rd Respondent is not qualified both on the financial and experience criteria, as revealed from the documents uploaded by them along with the Tender.

2. The Respondent Bilaspur Smart City Limited ('BSCL' for short) floated Annexure-P/2 Tender dated 13.11.2020 for External Electrification with cable link in RCC Duct at Vyapar Vihar Smart Road, Bilaspur for Bilaspur Smart City with the 'estimated cost of work' at Rs. 1121.76 Lakhs. The project was to be completed within 4 months and the 'defect liability period' was 2 years from the date of handover. The bid was to be submitted in 3 envelopes – 'A', 'B' & 'C', where Envelope 'A' would contain the EMD, Bid-Security, Bid-Fees and Integrity Pact/Affidavit; Envelope 'B' would contain the documents pertaining to pre-qualification and technical evaluation; whereas Envelope 'C' would contain the

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