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2019 Supreme(Del) 2353

G.S.SISTANI, JYOTI SINGH
Cube Construction Engineering Ltd. – Appellant
Versus
National High Speed Rail Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Nakul Dewan, Senior Advocate with Mr. Purvish Jitendra Malkan, Mr. Dharita Punish Malkan, Mr. Bhaskar Singh, Mr. Alok Kumar, Advocates.
For the Respondent:Mr. Gopal Jain, Senior Advocate with Mr. Konark Rishi Bhatnagar, Ms. Prashanti, Ms. Dipika Sharma, Advocates.

JUDGMENT :

G.S. SISTANI, J.

1. Rule D.B.

2. Pleadings are complete.

3. With the consent of parties, the writ petition is set down for today for final hearing and disposal.

4. The necessary facts, which are required to be noticed for disposal of this writ petition are that respondent No. 1 invited bids for construction of High-Speed Rail Terminal Building vide Tender No. NHSRCL/CO/SBI-HUB/2018/7. The petitioner submitted its bid in compliance with the conditions of the tender document. The procedure adopted was that, along with a technical bid, the financial bid was also to be submitted in a sealed cover, being a single stage Two-Enveloped Bidding process, by on or before 2.45 PM on 17.10.2018. As the petitioner and respondent No. 2 (L-1, successful tenderers) qualified the technical bid, the price bid was opened on 14.12.2018.

5. The main thrust of the argument of Mr. Dewan, learned senior counsel appearing for the petitioner revolves around non-submission of the Letter of Price Bid by respondent No. 2. It is the case of the petitioner that submission of Letter of Price Bid with seal and signature of the bidder is an essential condition of the tender. It is also the stand of the petition

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