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2010 Supreme(Ker) 427

K.T.SANKARAN
Consolidated Engineering Enterprises – Appellant
Versus
Superintending Engineer, PWD – Respondent


Advocates Appeared:For the Petitioner:R.D. Shenoy (SR.), Advocate S. Vinod Bhat & Shiraz Abdulla. M.S., Advocates. For the Respondents:R1 & R2, Nisha Bose, Government Pleader & R3, V. Chit Ambarresh, Advocate.

Judgment :

1. The question involved in this Writ Petition is whether a contractor can take advantage of the relaxed "qualification of the bidder" issued after the last date for submitting the technical bid and the financial bid, and after opening the technical bid and before opening the financial bid.

2. The writ petitioner, the additional third respondent and others submitted tenders for the work of improvement of riding quality of NH17 at KM63/00 to KM 91/00, in response to Ext.P2 tender notification dated 5.10.2009. The approximate cost of the work was fixed at Rs.906 lakhs. The tender was to be submitted under the two cover system containing financial bid and technical bid. The last date for submitting tender was before 4 PM on 25.11.2009. As per Ext.P2 notification, the technical bid was to be opened at 4.30 PM on 25.11.2009.

3. Five contractors, including the petitioner and the additional third respondent, submitted tenders. The technical bids were opened on 25.11.2009 at 4.30 PM.

4. Ext.P2 provides that the tenderer has to get the Standard Bidding Document, which should form part of the tender documents, from the Secretary, Indian Road Congress, New Delhi. The petitioner has































































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