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2024 Supreme(Gau) 916

VIJAY BISHNOI, KARDAK ETE
Assam Supply Syndicate – Appellant
Versus
Union of India, Represented by its Secretary to the Government of India, Ministry of Railways, Rail Bhawan, Rafi Marg, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K. Agarwal, Senior Advocate Assisted by Mr. G. Agarwal, Advocate
For the Respondent: Mrs. R. Devi, Central Govt. Counsel

JUDGMENT :

Vijay Bishnoi, C.J.

1. Though this writ appeal is listed for admission, however, looking to the fact that the matter pertains to award of contract and the stay order in respect of issuance of work order is in currency, we have decided to hear this writ appeal finally with the consent of counsel for the parties.

2. This writ appeal is filed by the appellant being aggrieved with the order dated 19.06.2024 passed by the learned Single Judge in WP(C) 3134/2024 whereby the writ petition filed by the appellant herein has been dismissed.

3. The brief facts of the case are that the respondent N.F. Railway has floated an NIT on 22.03.2024 and bid corrigendum dated 30.04.2024 for supply of 42000 meters of cable. One of the requisite conditions for the bidders, interested in participating in the bidding process, was that the prospective tenderer should have an average annual turnover of more than Rs.10 Crores in the last 3 financial years ending on 31.03.2023. The appellant has submitted its technical bid along with other bidders. However, the Tender Evaluation Committee has rejected the bid offered by the appellant on 10.06.2024 for the following reasons:

    “Since the bidders offer have

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