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2024 Supreme(Gau) 1556

MICHAEL ZOTHANKHUMA
Daibaki Enterprise – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. B SHARMA, MS. L DAS,MR A CHAKRABORTY,MR. D DAS
For the Respondent: SC, HANDLOOM, TEXTILE AND SERICULTURE, MR. S K BARKATAKI (R-4 TO 13,MR D K NATH (R-4 TO 13

JUDGMENT :

Heard Mr. B. Sharma, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned counsel for the State respondents and Mr. D.K. Nath, learned counsel for the private respondents.

2. The grievance of the petitioners is that the petitioners’ technical bid has been disqualified by the Technical Bid Evaluation Committee, vide meeting minutes dated 22.02.2024, on the ground that the petitioners had submitted documents, which were not in conformity with Clause 13(i) of the NIT, which is as follows:-

    “13(i) Certificate from Registered Chartered Account/ Statutory Auditor indicating annual financial turnover during the last three years should be furnished with UDIN No.”

3. Mr. B. Sharma, learned counsel for the petitioners submits that the petitioners had mistakenly uploaded the documents showing the annual financial turnover for the period 2018-19, 2019-20 and 2020-21, though the petitioners were required to upload the annual financial turnover certificate, as required under Clause 13(i), for the year 2020-2021, 2021-22 and 2022-23.

4. The petitioners’ case is that they had participated in e-Tender Notice dated 11.01.2024 (hereinafter referred to as the ‘NIT’), for empanel

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