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2020 Supreme(HP) 866

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Tek Singh Raghav – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. Varun Rana, Advocate.
For the Respondent:Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional Advocates General and Ms. Seema Sharma, Mr. Bhupinder Thakur & Mr. Yudhvir Singh Thakur, Deputy Advocates General

JUDGMENT :

Jyotsna Rewal Dua, J.

Aggrieved against rejection of his technical bid and declaration of respondent No.5 as the lowest bidder, petitioner has preferred the instant writ petition.

2. Facts:-

2(i). A Notice Inviting e-Tenders (in short ‘NIeT’) was issued by the respondents on 22.05.2020 for the work ‘Providing lift Irrigation Scheme from River Beas to Pali & Silag Tehsil Padhar Distt. Mandi (HP). (SH:- Supply & Installation of Centrifugal Pumping Machinery at 1st stage, 2nd stage & 3rd stage with allied accessories and providing, laying, jointing, testing and carriage of MSERW pipe in Rising Main (Flanged with butt welding and C/o Thrust Block = 235 Nos.) with estimated cost of Rs.7,23,03,987/-’. The tenders were to be opened on 06.06.2020. The eligibility information with respect to Technical Bid was to be provided in Cover 1, whereas Cover 2 was to contain Financial Bid on the prescribed form. Clause 2 of the tender document pertaining to Cover 1 reads as under:-

    “2. Cover 1 shall contain scanned copies of following “Eligibility Information” (Scanned copies to be uploaded).

i) Earnest money: FDR of any nationalised bank/NSC/Saving Account of any Post Office of Himachal Prades

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