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2020 Supreme(Guj) 198

HARSHA DEVANI, SANGEETA K.VISHEN
Jay Corporation – Appellant
Versus
Amreli Nagar Palika – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.L. Ramnani
For the Respondent: DS AFF.Not Filed, Kishan Y. Dave, Mr. Shirish H. Gohil

JUDGMENT :

Harsha Devani, J.

1. By this petition under article 226 of the Constitution of India, the petitioner seeks a direction to the first respondent - Amreli Nagar Palika (hereinafter referred to as “the respondent municipality”) to open all the bids which are qualified, including the bid of the petitioner, and after scrutiny of all the bids, to award the work order of work in question to the L-1 bidder.

2. The petitioner is a registered partnership firm having registration of 'AA' Class and is, therefore, qualified for participating in tenders of any value. The respondent - municipality invited e-tenders for the work of construction of Cement Concrete Road with Tri-Mix at various areas in Amreli District with tender I.D.-376841 under the Mukhya Mantri Shaheri Sadak Yojana, 2018-19. The tenders were to be submitted online on or before 24.09.2019, and were to be opened on 27.09.2019.

3. The estimated cost of the tender was Rs.6,08,94,009/- with tender fee of Rs.12,000/- which was not refundable. Earnest money deposit of Rs.6,08,950/- was to be paid by the bidder along with the tender. Since the petitioner company was interested as well as eligible, it filled in the tender form and

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