BADAR DURREZ AHMED, J

1. The grievance of the petitioner is that although its price bid was the lowest, the tender has been awarded to the respondent No.4, whose bid, according to the petitioner, was higher than that of the petitioner. The central point involved in this writ petition is the determination of whether, upon a consideration of the tender conditions, the petitioner is the lowest bidder or the respondent No.4 is the lowest bidder.

2. Sealed tenders were invited on a turnkey basis in two parts, that is, a technical bid and a financial bid. The work was for the construction of LIG houses as a turnkey project at Sector-14, Dwarka, Phase-II, New Delhi. Tenders were invited in respect of the balance work which had been left unfinished by the previous contractor. As per the invitation for tenders, the estimated cost of the project was Rs 12,18,15,106/- and the period of completion was stipulated to be 20 months. The petitioner and the respondent No.4 responded to the said Notice Inviting Tender. The technical bids were opened on 17.11.2008. Both the petitioner and the respondent No.4 were found to be qualified and eligible for the next stage of consideration. The