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2023 Supreme(Del) 2259

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Frigorifico Allana Pvt. Ltd. – Appellant
Versus
East Delhi Municipal Corporation – Respondent


Advocate Appeared:
For the Petitioner:Mr. Mukesh Rana and Ms. Mamta, Advocates
For the Respondent:Ms. Tanu Priya Gupta, Advocate for Mr. A. D. N. Rao, Sr. Advocate with Mr. A. Venkatesh, Mr. Rahul Mishra, Mr. Amit P. Shahi and Ms. Agrimma Singh, Advocates

JUDGMENT :

1. The present Writ Petition has been filed challenging the email dated 15.12.2020 whereby the East Delhi Municipal Corporation (“Respondent No.1” or “Respondent Corporation” or “EDMC”) and the Director of the Veterinary Services Department of EDMC (“Respondent No.2”), has declared that the consortium of three members, i.e., M/s Qureshi International Private Ltd., M/s Fresh N Frozen Food Tech Private Ltd., M/s DS Max (“Respondent No.3” or “Respondent Consortium”) has qualified in the technical bid for the Tender bearing NIT NO. EDMC/ADVS/GSH/2020/002 dated 20.07.2020floated by Respondent No. 2. [“Subject Tender”]. The Petitioner has prayed for the following relief in the instant Writ Petition:

    “1. Allow the present Writ Petition and issue writ, order or direction in the nature of Mandamus or any other appropriate writ/order/direction to Respondent to declare Bidder No.2 technically disqualified for not qualifying the eligibility criteria of the RFP/tender;

2. Direct Respondents quashing the impugned letter dated 15.12.2020 to the extend that Bidder No.2 is technically disqualified;

3. Direct the Respondents to declare the Bidder No. 2/Consortium not fulfilling the technical

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