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2020 Supreme(Del) 802

RAJIV SAHAI ENDLAW, ASHA MENON
ISC Projects Pvt Ltd. – Appellant
Versus
Ircon International Limited – Respondent


Advocates Appeared:
Sandeep Sethi, Advocate, Sameer Parekh, Advocate, E.R. Kumar, Advocate, Sonal Gupta, Advocate, Rashi Gupta, Advocate, Raghav Bansal, Advocate, Prateek Khandelwal, Advocate, Satjit Chhabra, Advocate, Jameer, Advocate, Manoj Kumar Das, Advocate, Deepak Kumar, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - The petition, (i) impugns the order/communication dated 10th August, 2020 of the respondent IRCON International Limited rejecting, during technical evaluation by the constituted Committee, the bid of the joint venture of the two petitioners, for the reason "technically disqualified"; and, (ii) seeks mandamus, directing the respondent to declare that the petitioners are eligible to participate in the bid process and to allow the petitioners to participate in the bid process.

2. The respondent, on behalf of West Central Railway, on 17th March, 2020 invited bids for construction of Down Line Railway Grade separator running over New Katni Junction & Katni Murwara yards and comprising construction of Rail Viaducts on Pile foundation, composite steel girders and Deck Slabs, Open Web Girders, Retaining Walls, minor bridges, Earthwork & allied other civil engineering works in Katni District, Madhya Pradesh, for Katni grade Separator project of West Central Railway (Package-I), vide e-Tender document NIT No: IRCON/CO/KGS/Civil /DN/106.

3. The two petitioners namely (i) ISC Projects Pvt. Ltd.; and, (ii) Royal Infraconstru Ltd., on 8th June, 2020 formed a Join

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