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2023 Supreme(Del) 2969

SATISH CHANDRA SHARMA, SANJEEV NARULA
Shreejikrupa Project Limited – Appellant
Versus
Telecommunication Consultants India Limited – Respondent


Advocates appeared:
Mr. K.K. Rai, Senior Advocate with Ms. Sreoshi Chaterjee and Ms. Medha Tandon, Advocates, for the Petitioner.
Mr. Sanjeev Sahay, Mr. Karan Deep Singh and Mr. Shagun Saproo, Advocates, for the Respondent No. 1.
Mr. Pankaj Kr. Singh and Mr. Ranjan Kumar, Advocates, for the Respondent No. 2.

JUDGMENT

Satish Chandra Sharma, C.J. The Petitioner before this Court, a company, incorporated under the Companies Act, 1956 has filed the present petition for issuance of an appropriate writ, order or direction, declaring the Respondent No.2 as technically unqualified bidder and to quash the order dated 24.06.2023 issued by Respondent No.1 to the extent that it declares Respondent No.2 as Techno Commercially Qualified.

2. The facts of the case reveal that the Respondent No.1 Telecommunications Consultants India Ltd. (TCIL) is a Government of India undertaking established in the year 1978 under the administrative control of the Department of Telecommunications (DOT), Ministry of Communications, Government of India. The Respondent No.1, on 28.04.2023, issued a Notice Inviting Tender (NIT) for construction of Tura Medical College Phase-II for extension of Existing Tura Civil Hospital 230 beds at Tura, Meghalaya on EPC Mode-III. The total estimate cost of the same is Rs.136.10 crores.

3. The Petitioner, Respondent No.2 and two others also submitted their response to the NIT and a corrigendum was also issued on 19.05.2023. The Petitioner raised a query with respect to minimum 3 star r

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