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2018 Supreme(Raj) 979

PRADEEP NANDRAJOG, G.R.MOOLCHANDANI
GIEPL-HSEPL (JV) – Appellant
Versus
Additional Chief Engineer, Water Resource Department – Respondent


Advocates:
Advocate Appeared:
R.N. Mathur, Prateek Singh, Shovit Jhajharia, Nikhil Saini, J.M. Saxena, S.S. Hora

JUDGMENT :

Pradeep Nandrajog, J.

The only issue which arises for consideration in the appeal is whether the decision taken by the Water Resource Department of the State of Rajasthan that bid by the appellant was non-responsive is correct.

2. We note that the decision dated 05.01.2018 was challenged by the appellant before the First Appellate Authority. The appeal was dismissed on 29.01.2018. Second appeal was dismissed by the Second Appellate Authority vide order dated 13.04.2018.

3. The said decisions were challenged by way a writ petition before the learned Single Judge and the writ petition has been dismissed vide impugned order 26.10.2018.

4. Learned counsel for the parties do not dispute that the issue centres around interpretation of clause 3.10.14 of Section 1 of the tender documents, containing Instructions to Bidders. The agreement dated 30.11.2017 purporting to be a Joint Venture Agreement between M/s Ghanaram Infra Engineers Pvt. Ltd. and M/s Hoisto Structures & Equipment Pvt. Ltd. The bank guarantee furnished.

5. Clause 3.10.14 reads as under:-

"The Bid Security of a Join







































































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