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2022 Supreme(Guj) 1084

ARAVIND KUMAR
Vijay Tanks And Vessels Pvt Ltd – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. S.N. SOPARKAR, SENIOR ADVOCATE WITH MR NIKUNT K RAVAL
For the Respondent:M R BHATT, MR. MANISH BHATT, SENIOR ADVOCATE WITH MUNJAAL M BHATT, ADVOCATE

ORDER :

1. Though the matter is listed for admission, by consent of learned advocates appearing for the parties, it is taken up for final disposal.

2. I have heard arguments of learned Senior Counsel Mr. S.N. Soparkar for petitioner and Mr. Manish Bhatt, learned Senior Advocate appearing for respondent. Perused the records.

3. A tender came to be floated by the respondent inviting bids from prospective contractors for the purpose of Capacity Augmentation of Indian Oil Corporation Ltd. LPG Import Terminal from 0.6 Metric Tonne Per Annum (MTPA) to 2.5 (MTPA). Petitioner which is a company incorporated under the Companies Act, 1963 had participated in the said tender process floated by respondent and offered its bid resulting in petitioner being declared as L1 bidder both in tender price opening and in reverse auction held on 16.09.2019. During price negotiations, further price discounts aggregating to 2.75% offered by the petitioner was duly accepted by the respondent namely after negotiations held on 16.09.2019, 26.09.2019 and 27.09.2019. Further discussion was held with regard to a paragraph of the tender document, which was said to have been deleted in the tender document under claus

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