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2023 Supreme(J&K) 474

MOKSHA KHAJURIA KAZMI, N. KOTISWAR SINGH
Tata Mobile 207 DI and Mahindra Max Mobile Pickup Cooperative Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Syed Riyaz Hussain.
For the Respondents: Z.A. Qureshi, T.M. Shamsi.

JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. Syed Riyaz Hussain, learned counsel for the appellant, Mr. T.M. Shamsi, learned DSGI, for the official respondents as well as Mr. Z.A. Qureshi, learned Senior Counsel for the private respondent No. 5.

2. The present appeal has been preferred against the order dated 18.08.2023 passed by the Ld. Single Judge in WP (C) No. 862 of 2023, by which the challenge made by the appellant - writ petitioner to the grant of contract in favour of the respondent No. 5 in terms of the NIT dated 23.11.2022, was rejected by the Ld. Single Judge.

3. The main thrust of arguments of the learned counsel for the appellant before us is that the private respondent No. 5, though was ineligible for participating in the said tender process, was awarded the contract, which is illegal.

4. It has been submitted by learned counsel for the appellant that the respondent No. 5 despite lacking the requisite criteria for participating in the tender was awarded the contract and, as such, the official respondents by allowing an ineligible bidder to take part in the bidding pro

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