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2015 Supreme(Jhk) 1113

SHREE CHANDRASHEKHAR
SLL-SML (Joint Venture Consortium) – Appellant
Versus
Central Coalfields Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Ajit Kumar Sinha, Mr. Sumeet Gadodia, Mr. Syed Ramiz Zafar, Advocate
For the Respondents:Mr. Jagdeep Dhankar, Mr. A.K. Mehta, Mr. Amit Kumar Verma, Advocate

JUDGMENT :

Per SHREE CHANDRASHEKHAR, J.

Aggrieved by rejection of the bid submitted by SLL-SML Joint Venture Consortium, the petitioners have challenged communication dated 11.09.2015 whereby, rejection of the bid on the ground of ‘incomplete document’ was communicated.

2. The petitioner no.1 is a Joint Venture Consortium in which M/s Sical Logistics Limited–petitioner no.2 is lead partner. In response to e-Tender Notice dated 05.08.2015, petitioner no.1-JVC submitted its bid including, a Bank Guarantee for Rs. one crore as Earnest Money Deposit. On 11.09.2015, the offer of the petitioner-Joint Venture Consortium was summarily rejected on the ground of ‘documents incomplete’ and the Joint Venture Consortium was not allowed to participate in the reverse bidding. Immediately, through email the respondents were requested to disclose the details of incomplete documents submitted by the Joint Venture Consortium. On 15.09.2015, the respondent no. 3 disclosed that the BG was not in the prescribed format. A legal notice was issued to the respondent-CCL and M/s mjunction Services Pvt. Ltd. however, the respondents did not respond to the same. Constrained, the petitioners approached this Cou



















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