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2017 Supreme(Del) 3965

S.RAVINDRA BHAT, SUNIL GAUR
INDWELL CONSTRUCTION PVT. LTD. – Appellant
Versus
RAIL VIKAS NIGAM LTD. – Respondent


Advocates Appeared:
For the Petitioner:Ms. Nitya Ramakrishnan, Mr. Shadan Farasat, Mr. Ashwath Sitaraman, Mr. Shashi Pratap Singh, Mr. Ahmed Said and Mr. Suhail Rashit Bhat, Advocates.
For the Respondent:Mr. Parag P. Tripathi, Sr. Advocate with Mr. Udit Seth, Mr. Rishabh Kapur, Mr. Niraj Kishan Kaul, Sr. Advocate with Mr. D.K. Srivastava, Mr. Vivekananda, Mr. Varun Sibal, Mr. Sanjeev Kapoor, Mr. Prateek Kumar, Mr. Snehal Kakrania and Ms. Shagun Jaggi.

JUDGMENT :

S. RAVINDRA BHAT, J.

Facts

1. The petitioner (described as “Indwell”) is engaged in construction business; it claims a direction to the Rail Vikas Nigam Limited (hereafter “RVNL” or “respondent”) to consider its price bid as responsive. Indwell had lodged its bid for construction of some structures, in response to RVNL’s tender (“NIT”).

2. The facts are that the respondent issued the NIT on 06.05.2017 for construction of sheds, structures, buildings etc., in connection with setting up of Wagon Periodic Overhauling (POH) workshop at Vadlapudi Visakhapatnam, Andhra Pradesh. Later, on 19.05.2017, an Addendum/Corrigendum-1 was issued wherein the estimated cost for some of the items in “Summary Sheet of Bill of Quantities” was changed. This estimated cost was the benchmark based on which the bidders were to quote the price in their price bid. Indwell had purchased the bid document on 25.05.2017 and submitted its bid on 17.07.2017 at RVNL’s office, at Visakhapatnam. Nine bids including that of Indwell were submitted. The same day, the nine bids were separated into price bids and technical bids by RVNL and the nine technical bids of the bidders were opened before them and a list of









































































































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