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DELHI HIGH COURT
VIPIN SANGHI, JASMEET SINGH
Apaar Infratech Private Limited – Appellant
Versus
Union of India – Respondent


Table of Content
1. details of the tender and parties involved (Para 1 , 2)
2. argument regarding blacklisting and tender eligibility (Para 3 , 7 , 10)
3. court's reasoning on tender cancellation and condition amendments (Para 4 , 5 , 6 , 8 , 12)
4. consideration of pending blacklisting case impacting eligibility (Para 9 , 11)
5. dismissal of petitioner’s request with conditions (Para 13 , 14)

JUDGMENT

Vipin Sanghi, J. (Oral)--The petitioner has preferred the present writ petition to assail the letter dated 10.06.2021 - whereby the respondents cancelled the earlier tender No.CE (P) RTNL/05/2020-21 dated 23.03.2021. The petitioner was a bidder in respect of the said tender. The petitioner was held to be technically qualified upon technical evaluation; and upon opening of the financial bids, the petitioner emerged as the lowest bidder (L1) on 31.05.2021. The petitioner had tendered for the work in question at Rs.17,64,99,800/-as opposed to next lowest (L2) tenderer, who has quoted at Rs.18,49,41,095/-.

2. On 02.06.2021, respondent No. 2 sought a clarification from the petitioner with regard to blacklisting, if any, of the petitioner. The petitioner declared that it had not been blacklist



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