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2003 Supreme(Gau) 39

D.BISWAS, AMITAVA ROY
State of Mizoram – Appellant
Versus
Vatech Escher Wiss Flovel Ltd. – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: P. Pathak, A.G. and A.K Sarma, Adv.
For Respondents/Defendant: S. Chakraborty and S. Bhuyan, Advs.

JUDGMENT

Amitava Roy, J.

1. The State of Mizoram being aggrieved by the judgment and order dated 16.5.2002 passed in W.P. (C) No. 94/2001(AB) corresponding to W.P. (C) No. 7239/ 2001(Ghy) directing the official Respondents therein to open and consider the financial bid submitted by the Respondent-writ Petitioner in connection with execution of the Hydro-Electrical Project involved in the proceedings, is in appeal.

2. We have heard Mr. P. Pathak, learned Advocate General, Mizoram, for the Appellants and Mr. S. Chakravorty, learned Counsel for the Respondent-writ Petitioner.

3. Sans the details, the relevant facts need attention. In April, 2001, the State of Mizoram published a Notice Inviting Tenders No. 6/54/2001-CEPC/1 (for short "NIT") for design, manufacture, testing works, etc. of Maicham-II (2x1.5 MW) Small Hydro-Electric Project in the State. The intending bidders in terms of the NIT, were required to submit tenders in two separate sealed covers (cover I to contain "techno commercial bid" and cover II "financial bid"). In techno commercial bid, the tenderers were supposed to specify the technical bid whereas in the financial bid, the financial figures and/or price at which the te



















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