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2016 Supreme(P&H) 337

S.J.VAZIFDAR, ARUN PALLI
Balaji Transport Corporation (Regd. ) – Appellant
Versus
Food Corporation of India, Panchkula – Respondent


Advocates:
Advocate Appeared:
Mr.Lovkesh Sawhney, Advocate and
Mr.Pankaj Gupta, Advocate for the petitioner
Mr.J.S.Puri, Advocate for respondent No.1
Mr.K.K.Gupta, Advocate for respondent No.2

JUDGMENT :

S.J.VAZIFDAR, J.

CM No.2128 of 2016

Application is allowed as prayed for. Written statement on behalf of respondent No.1 is taken on record.

Civil Writ Petition No.2440 of 2016

(1) The petitioner has challenged respondent No.1 having rejected its tender on the ground that it is non-responsive. The petitioner has also challenged the award of the work to respondent No.2-private respondent.

(2) Respondent No.1 by a notice dated 11.12.2015, invited tenders. The petitioner and respondents No.2 and 3 submitted their tenders. It is not disputed that the petitioner fulfilled the eligibility criteria stipulated in the tender documents. The only ground on which the petitioner's tender has been rejected is that it had failed to duly sign each page of the annexures and appendices of the Model Tender Form (MTF) and to scan and upload the same in the e-procurement portal. The petitioner contends that it had duly signed the said annexures and appendices. The petitioner had signed the same by way of Digital Signature Card (DSC). Learned counsel for the respondents did not deny the same. They, however contend that the expression ‘duly signed’ in clause 8(c) (i) in the tender documents referred

































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