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2021 Supreme(Guj) 307

R.M.CHHAYA, R.P.DHOLARIA
Ve Commercial Vehicles Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. R.S. Sanjanwala, Ms. Garima Malhotra, Mr. Maharshi Patel, M.S. Shirali M. Patel.
For the Respondents: Mr. H.S. Munshaw, Mr. Tirthraj Pandya.

JUDGMENT :

R.M. CHHAYA, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:

    “(a) Your Lordship may be pleased to issue an order/directions/writ of certiorari or writ of similar nature quashing the Tender bearing no. GEM/2020/B/788564 dated 11th September 2020 floated by the Respondent no. 2.

(b) Your Lordship may be pleased to issue an order/directions/writ of mandamus directing the Respondent no. 2 to modify the technical specifications of the Tender bearing no. GEM/2020/B/788564 dated 11th September 2020 to the extent that Petitioner can participate in the tender process.

(c) In the alternative, Your Lordship may be pleased to issue an order/direction/writ of mandamus directing the Respondent no. 2 to float a fresh tender in terms of the technical specifications laid down in Tender bearing no. GEM/2020/B/712747 dated 17th July 2020.

(d) Pending, admission and final hearing of this petition, this Hon’ble Court may be pleased to pass a direction restraining the Respondent no. 2 from proceeding any further and/

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