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2023 Supreme(Del) 4796

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Lamba Buildcon Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Rizwan, Mr. Azadar Husain, Ms. Sachi Chopra and Ms. Nistha Sinha, Advocates, for the Petitioner.
Mr. Sandeep Mahapatra, CGSC with Ms. Radhika Bhakoo, Ms. Mrinmayee Sahu and Ms. Osheen Verma Advocates, for the Respondent-1/UoI.
Mr. Pawan Upadhyay, Mr. Rishab Khare and Mr. Sarvjeet Pratap Singh, Advocates, for the Respondent-2.

JUDGMENT

1. The Government of India issued a tender bearing No.WAP/INFRA/MEA/IMFS/02-01 for selection of a contractor for construction of "India-Mongolia Friendship Secondary School (IMFS)" at Ulaanbaatar-Mongolia. The last date for submission of the bids for the tender was 27.03.2023 which was later extended to 09.04.2023 and then to 20.04.2023 and further extended to 02.05.2023 with the same terms and conditions.

2. The Petitioners prepared their bids in accordance with the requirement of the tender and submitted along with the requisite fee and bank guarantee on 02.05.2023 at 02:34 PM. It is stated that on the same day i.e., 02.05.2023, the last date for submission of the bids was extended to 12.05.2023 by issuing a corrigendum No.5 and also there was an amendment made in the tender by issuing a corrigendum No.6. The original clause and the amended clause of the tender have been given by the Petitioner in the Petition in a tabular form which reads as under:

CORRIGENDUM NO.6
Sr. No.SectionRef. ClauseOriginal ClauseAdded/Amended Clause
1.GENERAL-SUBMISSION OF BIDSWherever ApplicableTo Mr. Deepak Lakhanpal Chief Engineer Level 1 WAPCOS LimitedTo
R> Joint Secretary (DPA-III), Ministry

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