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2011 Supreme(Mad) 866

VINOD K.SHARMA
K. Vajaravel – Appellant
Versus
Ansul Mishra, I. A. S. , Coimbatore City Municipal Corporation, Coimbatore – Respondent


Appearing Advocates:
For the Petitioner:Vijaynarayanan, S.C. for R. Parthiban, Advocate.
For the Respondents:P. Yashodvardan, S.C. for R. Sivakumar, Advocate.

Judgment :-

1. The petitioner is a partner of a registered firm under the name and style of "Surabhi Nursery" dealing with the Lanscape, designing, Maintenance of Parks and Gardens, Hybird Horticultural Plants and Seeds. The firm has its agricultural farm at Palliyuthu near Erode and branch at No.596, Avinashi Road, Coimbatore 14.

2. The petitioner is aggrieved by the order dated 12.10.2010, vide which the bid of the petitioner for Annual Maintenance of Parks ROC No.6120/2010/MD was rejected during technical evaluation, by the duly constituted committee, by holding that the petitioner was not technically qualified as per the qualification criteria. However, no decision was conveyed regarding the bid of the petitioner relating to the item No.3 of e-52/2010 and the works relating to other three zones.

3. The reason for the rejection of the petitioner was that the firm was not registered under the Companies Act. The petitioner therefore challenged the impugned order by referring to the eligibility criteria given in the bid document which reads as under:

"(7.0) Elgibility Criteria:

7.01 This invitation for submission of Tender Document is an open bid/tender and any business entity dealin




















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