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2021 Supreme(J&K) 339

Zahoor and Company – Appellant
Versus
UT of Jammu and Kashmir – Respondent


Advocates Appeared:
For the Appellant :R.A. Jan, Sr. Advocate and Taha Khalil, Advocate
For the Respondents Defendant: M.A. Chashoo, AAG

JUDGMENT :

Sanjeev Kumar, J.

(THROUGH VIRTUAL MODE)

1. The petitioner, an " AAY" Class registered Contractor is aggrieved and has challenged the action of respondent No. 3 rejecting as 'non-responsive' the bid tendered by the petitioner in response to NIT No. PCD-RnB-29 of 2020-21 dated 20th of August, 2020 on the ground that the assessment of Technical bids is totally arbitrary, irrational and dehors the norms/criteria prescribed in Clause 4.7 of the instructions to the bidders (ITB) in the Standard Bidding Document (SBD).

Factual matrix

2. Respondent no. 5, vide NIT No. PCD-RnB-65 of 2019-20 dated 20th of November, 2019, for and on behalf of Lieutenant Governor J&K UT, invited e-tenders (in two cover system) from approved and eligible contractors registered with the Government of Jammu and Kashmir, CPWD etc. for the work of construction of residential flats 2-BHK type four storied including sanitary fittings for government employees at Pampore Srinagar, Block 1, 2 and 3 for estimated cost of Rs. 1313.50 lacs and the work was to be completed within a period of 550 days. Simultaneously with the aforesaid NIT, the respondent No. 5 vide NIT No. PCD-RnB-66 of 2019-20 dated 20th of November

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