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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Visual Technologies India Pvt. Ltd. – Appellant
Versus
Executive Engineer (E) Plewd, CPWD – Respondent
JUDGMENT
1. The instant writ petition has been filed under Article 226 of the Constitution of India, 1950, seeking the issuance of a writ of mandamus for quashing of the letter dated 07.07.2022 issued by the Respondents whereby the Petitioner was found to be ineligible for opening of the financial bid on account of not fulfilling the eligibility criteria of work experience. The Petitioner has further sought for directions for the Petitioner to be allowed to participate in the financial bid in E-TENDER NO. 06/CE(E)/PEWZ/PLEWD/2022-23 dated 02.06.2022.
2. The facts, in brief, leading to the instant petition are as under:
a) It is stated that NIT/RFP in respect of E-Tender No. 06/CE(E)/PEWZ/PLEWD/2022-23 dated 02.06.2022 was floated by Respondent No.1 for "Supply, Installation, Testing and Commissioning (SITC) of telecast/broadcast facilities of Sansad TV at Parliament House Complex, New Delhi". The type of work is stated to be "Audio-Visual Equipment", and the Estimated Cost for the same was stated to be Rs.80,85,64,981/-, with Rs.90,85,650/- as the Earnest Money.
b) One of the requirements for eligibility for application is that the contracts/firms interested in bidding need to
The eligibility for tender participation relies strictly on interpreted criteria by the issuer unless proven arbitrary or biased, excluding warranty periods from work experience.
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The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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