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2019 Supreme(Guj) 845

BELA M.TRIVEDI, A.C.RAO
Voltas Limited – Appellant
Versus
Gujarat Metro Rail Corporation Limited – Respondent


Advocates Appeared:
For the Appellant : Mihir Joshi, Jay Kansara for Wadiaghandy and Co., Kunal Nanavati and Nisarg Desai for Nanavati Associates
For the Respondents:Kamal Trivedi, Senior Advocate, Satyam Y. Chhaya and Vinay Bairagra

JUDGMENT :

Bela M. Trivedi, J.

1. Both the petitions arising out of the same subject tender were ordered to be heard together vide the order dated 06.06.2019, and therefore the common order is being passed. In both the petitions, the decisions contained in the selfsame letter dated 15.05.2019 issued by the respondent Corporation have been challenged, whereby the petitioners were informed that in terms of Clause 27.8 of the BDS, Section II, Part I of the biding document, the Initial Filters cum Qualification Requirement (IFcQR) bid submitted by them were evaluated and were found to be substantially non-responsive to the Eligibility and Qualification Criteria requirements prescribed in the bidding documents.

2. As transpiring from the records, for implementing Metro Rail Project in and between Gandhinagar and Ahmedabad, the Government of Gujarat had passed the General Resolution dated 07.05.2009, pursuant to which a special purpose vehicle came to be formed under the name of "Metro Link Express from Gandhinagar to Ahmedabad (MEGA) Co. Ltd", the respondent herein. The respondent Corporation was formed by the Government of Gujarat and Government of India for implementing the said Metro Ra

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