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ARAVIND KUMAR, ASHUTOSH J. SHASTRI
SURYASE ENERGY – Appellant
Versus
MADHYA GUJARAT VIJ COMPANY LTD. – Respondent
JUDGMENT :
ASHUTOSH J. SHASTRI, J.
1. By way of this petition under Article 226 of the Constitution of India the petitioners have prayed for following reliefs:
(b) This Hon'ble Court may be pleased to direct the respondent MGVCL to accept the technical bid of the petitioner; and further be pleased to direct the respondent to consider the physical copy of the tender received by MGVCL through India Post on 03.06.2022 in time.
(c) Pending the hearing and final disposal of the writ petition the Hon'ble Court be pleased to stay the tender process of the tender dated 09.02.2022 being Tender No. MGVCL/DSM/EOV/SRT/2021-22/2137 for Design, supply, erection, testing and commissioning including warranty, Comprehensive operation & maintenance of Grid - Connected Rooftop Solar Plant of various capacities under the Phase-II of Grid Connected Rooftop Solar Scheme of MNRE/SURYA Gu
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....
The main legal point established is that technical errors in bid submission do not warrant interference in the tender process, especially when it may delay the implementation of a public project.
The conflicting requirement for physical submission in a tender process was deemed unenforceable, emphasizing the importance of adhering to statutory rules in tender processes.
The main legal point established in the judgment is the limited scope of judicial review in tender conditions, emphasizing the authority of the tendering entity to interpret and appreciate its requir....
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