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2020 Supreme(HP) 556

VIVEK SINGH THAKUR
Ccc-him, Continental House – Appellant
Versus
Sjvnl (a Joint Venture Of Government Of India & Government Of Himachal Pradesh – Respondent


Advocates Appeared:
B.C. Negi, Advocate, Nitin Thakur, Advocate, Vipul Sharda, Advocate, K.D. Shreedhar, Advocate, Ramakant Sharma, Advocate, Sushil Kumar Jain, Advocate, Devyani Sharma, Advocate, Shreya Chauhan, Advocate, Harsh Jain, Advocate, Vir Bahadur Verma, Advocate

JUDGMENT

Vivek Singh Thakur, J. - By filing this petition, petitioner has assailed annulment of bidding process notified vide Notification dated 30.07.2014 (Annexure P-35) issued by respondent-SJVNL in respect of construction of Civil Works Package of Dhaulasidh Hydroelectric Project (66 MW) on International Competitive Bidding on item rate basis in District Hamirpur of Himachal Pradesh on the grounds that respondent-SJVNL has acted arbitrarily, unfairly and illegally by passing unilateral non-speaking order, without giving proper personal hearing to the petitioner, which suffers from inherent legal infirmity on account of patently flawed, discriminatory, arbitrary and unreasonable decision making process. It is further claim of the petitioner that despite petitioner being lowest bidder, annulment of the process has caused loss not only to the petitioner, but also to the public interest as inviting of fresh bid would definitely escalate the cost of the project, whereas, petitioner is still ready to perform the work on the basis and at the rate quoted in his earlier bid.

2. Respondent-Sjvnl has contested the claim of the petitioner mainly on the ground that bidding process was not c

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