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2021 Supreme(Gau) 425

KALYAN RAI SURANA
Purvanchal Communication Pvt. Ltd. – Appellant
Versus
Food Corporation of India – Respondent


Advocate Appeared:
For the Appellant :S. Sarma, R. Dubey, A.B. Kayastha and A.N.I. Hussain, Advocates
For the Respondents:P.K. Roy and S.K. Chakraborty, Advocates

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. S. Sarma, learned counsel assisted by Mr. R. Dubey, learned counsel for the petitioners. Also heard Mr. P.K. Roy, learned standing counsel for the respondents.

2. By filing WP(C) 7073/2019 under Article 226 of the Constitution of India, the petitioners are seeking for quashing and setting aside of the clause Nos. 4(II), 4(III) and 4(V) of the Disqualification Conditions contained in the General Information to Tenderers (hereinafter referred to as 'GIT' for brevity) appended to the Notice Inviting Tender (NIT for short) dated 30.08.2019 issued by the respondent No. 1 i.e. FCI for the work of "Handling And Transport Contract Ex-Rly Siding Salchapra to FSD Badarpurghat via Weigh Bridge including handling at FSD Badarpurghat"; and fer directing the respondents to permit the petitioner No. 1 to submit its bid pursuant to the aforesaid NIT. By filing WP(C) No. 9153/2019 under Article 226 of the Constitution of India, the petitioners are seeking quashing and setting aside of the decision of the respondent No. 1, uploaded on 2.12.2019, thereby rejecting the technical bid of the petitioner No. 1 in respect of NIT dated 4.10.2019 for the work of "Tr

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