Jasti Chelameswar, C.J.

Aggrieved by judgment dated 5.6.09 of a learned Judge of this Court in WP(C) No. 5528/08 the unsuccessful petitioner preferred the present appeal. The petitioner is a proprietary concern. The first respondent is a public limited company. The 2nd and 3rd respondents are the officers of the said company. The first respondent published a notice dated 16.2.08 inviting sealed tenders from reputed and experienced contractors for unloading of bamboo/wood from wagons and shifting the same to the respondent's premises. The bid of the tenderers is required to be in two parts - (1) technical bid and (2) price bid, in two separate sealed covers.

2. Five tenderers responded to the notice, including the appellant. The appellant and the 4th respondent are the two of the above five tenderers.

3. As to the proceedings subsequent to receipt of the tenders the learned Judge recorded his findings at para 7 of the judgment as follows:--

7. The petitioner claims to be a reputed proprietorial firm and submitted its tender in terms of the aforesaid NIT. After opening the tender documents, the concerned authority prepared a comparative statement of the Techno Commercial Bids and forward

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