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DELHI HIGH COURT
G.S.SISTANI, ANUP JAIRAM BHAMBHANI
Som Projects Pvt. Ltd. – Appellant
Versus
NBCC India Ltd. – Respondent


JUDGMENT

G.S. Sistani, J.(Oral)

CM. APPL 45130/2019 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 10916/2019

3. Since we have heard the learned counsels for the parties at the admission stage itself, with the consent of the parties, the writ petition is set down for final hearing and disposal.

4. Brief facts which are required to be noticed for the disposal of the present writ petition are that the respondent invited a tender on 19.07.2019 for Construction of Residential Buildings including the Podium for Department of CGST and Central Excise at Sector-7, Kharghar, Navi Mumbai on Design, Engineering, Procurement and Construction (EPC) basis through NIT No.NBCC/CPG/CGST & Central Excise/Navi Mumbai/2019/217. The petitioner participated in the said tender proceedings.

5. A short controversy arises in this case on account of what is termed as `an inadvertent mistake' on the part of the petitioner in submitting an unconditional letter of acceptance (LoA) of the tender conditions as per Annexure-II of the General Conditions of Contract (GCC) instead of submitting the same as per the format of Special Conditions

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