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2023 Supreme(Del) 2826

MANOJ KUMAR OHRI
Leotronic Scales Pvt. Ltd. – Appellant
Versus
Municipal Corporation of Delhi – Respondent


Advocates appeared:
Mr. G.D. Mishra, Advocate, for the Petitioner.
Mr. Manu Chaturvedi, Advocate, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)--By way of present petition filed under Articles 226/227 of the Constitution of India, the petitioner has assailed order dated 09.01.2023 passed by the Executive Engineer (E&M-I), MCD thereby blacklisting the petitioner from further tendering with the respondent for a period of one year from the date of issuance of impugned order.

2. Learned counsel for the petitioner submits that the premise of the disputes lies with NIT No. 03 EE (E&M)-I/SDMC/2021-22/D-57 dated 23.06.2021 whereby bids were invited for "supply, installation, testing and commissioning (SITC) of electronic weighbridge along with requisite civil work and portable electronic weight scale along with annual maintenance contact (AMC) at different location under South Delhi Municipal Corporation (SDMC)". It is stated that the petitioner participated in the said bid and was awarded the tender after expiry of the tender bid on 07.01.2022. A letter of intent was issued on 31.01.2022.

Learned counsel further points out that the validity of the tender having expired on 07.01.2022 before the issuance of letter of intent on 31.01.2022, the rates of tender were valid only for 180 days. He has c

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